Our Employment and Industrial Relations team acts for government and corporate entities, including employers of all sizes from SME’s and NFP’s through to multinational companies. We assist our clients to resolve a wide range of issues, including:
In a recent unfair dismissal decision, the Fair Work Commission (FWC) has upheld an employer’s decision to dismiss an employee for inappropriate online conduct, while also raising issues with the employer’s investigation process.
The Federal Government has responded to the Full Federal Court decision in WorkPac Pty Ltd v Skene  FCAFC 131 by making a new regulation - the Fair Work Amendment (Casual Loading Offset) Regulation 2018.
DWF Australia has announced the appointment of Sina Zevari to the position of Principal Lawyer in its national Employment, Safety and Regulatory team.
In Byrne Demolition Pty Ltd v SafeWork NSW  NSWIRComm 1008 the NSW IR Commission looked at whether an Inspector held a reasonable belief as to the potential safety offence alleged in a prohibition notice.
As has been previously reported, Maria Jackson, a 72 year old self-employed owner of scrap metal yard, was sentenced to a period of six (6) months imprisonment after pleading guilty to ‘recklessly engaging in conduct that places or may place another person who is at a workplace in danger of serious injury’.
Managing office romances is a difficult task, especially where the employees work together. However, there are two decisions in unfair dismissal cases which have upheld the dismissal of employees who were in a relationship with subordinates. In both cases, the Commission recognised that in those situations the employees had a duty to disclose the relationship to their employer, as the relationship gave rise to a conflict of interest.
It is not uncommon for employees to be engaged as casuals but then be treated like full- time employees, for example, being required to work 38 hours a week consistently. Two recent decisions have highlighted the risks of this practice and classified employees, ostensibly engaged as casuals, as permanent employees at law, thereby entitling them to annual leave.