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Fair Work
Further to the growing development of FWA adverse action claims, the decision of Australian Licenced Aircraft Engineers Association v International Aviations Service Assistance Pty Ltd [2011] FCA 333 highlight its application in a dismissal claim, resulting in compensation of $84,892.58, together with a subsequent pecuniary penalty of $10,000 and costs.   Brisbane Barrister – David...
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I refer you to the example of Quinlivan v Norske Paper Mills (Australia) Ltd [2010] FWA 883 (valid reason, but harsh) and compare it with Darvell v Australian Postal Corporation [2010] FWAFB 4082 (failure to follow a reasonable direction). A further example of balancing “harshness” with a valid reason is the decision of Lawrence v...
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Harry Zoumas v TNT Australia Pty Ltd T/as TNT Express [2011] FWA 3065 (valid reason) Paul L Quinlivan v Norske Paper Mills (Australia) Ltd [2010] FWA 883 (valid reason, but harsh) Stuart Rollo v Serco Traffic Services (Vic) Pty Ltd FWA 3224 (valid reason) Brisbane Barrister – David Cormack
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Fair Work Ombudsman v Specialised Security Service Pty Ltd & Anor [2011] FMCA 170 I appeared for the First and Second Respondents in the penalty hearing. It proceeded on the basis of the First Respondent admitting that it contravened clauses 6.3, 6.7, 6.8 and 7.8 of the relevant NAPSA and s.185 (2) of Workplace Relations...
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Norton Rose Introduction Recent decision A timely reminder by Murray Procter and Kristin Gamble A recent decision has highlighted the need for employers to comply with their anti-discrimination obligations during interviews with prospective employees, or risk potential litigation. Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.
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Fair Work Ombudsman v Roselands Fruit Market Pty Ltd & Anor [2010] FMCA 599 (21 October 2010) Catchwords: INDUSTRIAL LAW – Shop Employees (State) Award and annual holidays loadings – breach – civil penalty – consideration of matters relevant to penalty.   Issue: Penalty hearing in relation to contraventions of the Workplace Relations Act for...
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 Hammond v Boutique Kitchens & Joinery Pty Ltd [2010] FMCA 622 INDUSTRIAL LAW – General protection claim involving dismissal – application for compensation and pecuniary penalty for contravention of the Fair Work Act 2009 (Cth) – whether breach by employer of s 340(1) Fair Work Act 2009 (Cth) – onus of proof. Fair Work Act...
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Fair Work Ombudsman v Berges [2010] FMCA 526 (17 June 2010) It is interesting to contrast this decision with Fair Work Ombudsman v Sanada Investments Pty Ltd [2010] FMCA 401 (9 June 2010). I refer to my earlier posting in relation the Sanada (“Sushi Train”) decision. The aggregate unpaid wages etc amounted to $119,760.92, however,...
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    Fair Work Ombudsman v Sanada Investments Pty Ltd [2010] FMCA 401 (9 June 2010) The FMC decision above is useful in its summary of the relevant principles in prosecution of civil pecuniary penalties for unpaid wages and entitlements. The total amount of underpayments was $119,760.92 of which $29,739.14 was for employees who were...
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