The Fair Work Commission has delivered its long-awaited decision concerning penalty rates in the hospitality, retail and fast food industries. In a complex decision that will apply differently to different classes of employees, the Commission decided to reduce Sunday and public holiday penalty rates for hospitality, retail and fast food...
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From 1 July 2017 the jurisdiction of the SA Employment Tribunal (SAET) will expand under the Statutes Amendment (South Australian Employment Tribunal) Bill 2016 which was assented to on the 8 December 2016. It is another step in the Government’s plan to make the body a ‘one-stop shop’ for employment...
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The Christmas party is a great opportunity for employers and employees to celebrate the end of the working year. However, Christmas functions are infamous for employee injuries, allegations of inappropriate behaviour, harassment, discrimination and workplace health and safety concerns. With the end of the year approaching, EMA Legal has prepared...
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Each year from the 1st July the high income threshold for unfair dismissal claims automatically increases, and from the 1st July 2016 it is $138,900. This means that the maximum amount of compensation that the Fair Work Commission can award in the case of an unfair dismissal is half of the threshold,...
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A major transport company is alleged to have dismissed almost 100 employees by text message and email. This conduct has been criticised by unions and Labor parliamentarians. Proceedings have been commenced in the Fair Work Commission (“the Commission”) which appear to in part concern the method that the employees were...
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The Decision An anti-bullying order has recently been made in CF, NW v Company A and ED [2015] FWC 5272. Whilst the names of the parties have been redacted (hence the anonymised case name) and correspondingly the specific orders have not been released, the Fair Work Commission (“the Commission”) provided a general overview of the orders that...
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