CASUAL APPROACH TO LOADING TRIGGERS $50K IN FINES
A recent Federal Circuit Court decision demonstrates that the Fair Work Commission (‘FWC’) is taking the underpayment of workers’ wages and entitlements seriously. During the three years that Gail Keen was a casual employee of New Image Photographics Pty Ltd (‘New Image’) she was underpaid $19,314 due to New Image’s disregard for the minimum wage, […]
Does your company own your CEO’s emails?
A UK court has found that a company does not own its CEO’s emails if they are not held on its servers. A former CEO of a UK company had his company emails automatically forwarded to his personal email address. A dispute arose around the construction of a 50,000 dead weight tonnage vessel, relating to […]
Restraining ex-employees from poaching clients
Contracts to stop an ex-employee from poaching a company’s clients need to be carefully worded. A post-employment solicitation restraint is a clause in an employment contract that seeks to ensure employees leaving a company do not take the company’s existing clients with them. This generally means an employee is forbidden from advertising or soliciting custom […]
BYO Devices – The risk and trends
As more employees use their own devices to do work, businesses need to be aware of privacy, security and intellectual property rights issues. The current shift in working practices – from the traditional nine-to-five work day based in an office to working remotely and being connected 24/7 – has led to the rise in cloud […]
SMALL PAYOUT FOR WORKPLACE HARASSMENT
Rebecca Richardson, ex-employee of software company Oracle, was recently awarded a measly $18,000 for 6 months of humiliating sexual harassment by a colleague. It was Oracle itself who had to foot the bill, being held vicariously liable for the conduct of its employee. This case may herald a softening in penalties related to sexual harassment […]
BIG SLUG FOR EMPLOYERS: PENALTY UNITS INCREASE BY OVER 50%
The government is getting serious about penalties for breach of federal legislation. Employers should be aware that changes to penalty units in the Crimes Act 1914 will mean bigger penalties for breaches of Fair Work obligations. From 28 December 2012, employers who breach the Fair Work Act 2009 (‘FWA’) will face penalties of up to […]
Dismissed for Depression – Accountants admit to taking adverse action
Employers should take particular care in dealing with employees with depression. An Accounting firm has been fined for discriminating against an employee that told the firm that she had depression. The firm excluded the employee from staff training sessions, denied her a support person in performance reviews and terminated her employment. Facts In January 2010 […]
NOT SO JOLLY IN THE JOLLY SEASON
Tinsel? Check. Good location? Check. Office Secret Santa sorted? Check. Risk Management Plan for Employee behaviour and brand reputation? Uh… What? With Christmas right around the corner, companies are starting to plan their annual Christmas party. Yet what many Employers may not have added to their checklist is to ensure that when it comes to […]
Defence Contractor under Fire in Porn Sackings
Fair Work Australia has ordered the defence contractor Thales Australia Limited (Thales) to reinstate three employees, dismissed for sending pornographic materials on company email, on the grounds of unfair dismissal. Thales said the terminations of employees at their munitions plant were justified because: The employees breached company policy; and The employees were made well aware […]
PARALLEL IMPORTATION – DOUBLE THE TROUBLE
Australian brand owners may take comfort in the recent Appeal decision of Paul’s Retail Pty Limited v Lonsdale Australia Limited [2012] FCAFC 130 in which the full bench of the Federal Court of Australia upheld the decision of the trial judge in confirming that the parallel importation into Australia of apparel bearing the Lonsdale trade […]