Tag: humanresources

EWS Court Ruling

Reality Bites in Bullying and Harassment Claims

The Seven Network has been ordered by the Personal Injury Commission of New South Wales to pay a My Kitchen Rules contestant ongoing compensation of $22,000 per year for psychological injury sustained from appearing in the reality TV show, in what is the second reality TV compensation claim to hit the network.

The Applicant, Piper Green (O’Neill) alleged she was damaged by “vilification and bullying from producers and the network”. In the Judgment the Commission stated that “The applicant alleged that this involved ‘over 40-hour work weeks, control over her phone, distortions of her actions and words after editing, victimisation, bullying and harassment and unfair treatment and adverse interactions with other workers, producers and staff..”

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What’s Love Got To Do With It?

Dealing with Romances in the Workplace

Has the #metoo era dimmed the enthusiasm of workers for workplace romance? When writing this article, Tina Turner’s words are echoing in my head. The #metoo movement has now brought to light the dangers of workplace relationships and therefore it is an opportune time to take a look at office romances (and break-ups) and the steps employers should take to ensure they don’t get caught up in the #metoo turmoil.

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Federal Government’s IR reforms – significant changes ahead

Late last year, the Federal Government introduced into Parliament the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Bill), which represents a significant shift and an overhaul of Australia’s workplace relations regime not seen since the Fair Work Act was introduced in 2009.

The Bill has been developed with input from a range of stakeholders, through a process of IR working groups formed with unions and employer representatives established in the wake of the COVID-19 pandemic.

The Government’s proposed amendments to the FW Act are said to provide more clarity and certainty to employers (and employees) about their rights and responsibilities, while promoting flexibility in employment relationships, and a more streamlined industrial relations system.

Here are some of the key changes proposed in the Bill:

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Covid19 Vaccination for employees

The COVID 19 Vaccination – can you force an employee to “take the jab”?

Roll out of the COVID-19 vaccination is expected to commence in March and employers may then need to decide whether to require mandatory vaccination of employees against the virus. This is a multi-dimensional issue requiring consideration whether the direction is both reasonable and lawful, health and safety obligations, and whether a mandatory vaccination policy could give rise to claims such as discrimination, adverse action or unfair dismissal etc.

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Employment Law

Annualised Salaries and Casual ‘Double Dipping’

ANNUALISED SALARIES

Considerable Changes to Awards Regarding Annualised Salaries Provisions

The Fair Work Commission (FWC) has made wholesale changes to many Awards related to the annualised salary provisions. On 23 December 2019 the FWC issued draft determinations of the clause for 21 modern awards.

The Awards have differing provisions which come from the 3 differing “model” clauses that were developed by the FWC. These provisions will take effect from 1 March 2020.

The commonalities between all of the model clauses are:           

  • Advise employees in writing of the terms of their arrangement and what award entitlements it will cover.
  • Specify an outer limit for the ordinary and overtime hours that the annualised wage is designed to pay for and guarantee that for any additional hours worked beyond those limits within each pay cycle additional payments will be made to meet award minimum remuneration.
  • Employers must keep records of the start and finish times of each shift, the duration of all unpaid breaks and have them signed by their employees each pay period or roster cycle.
  • On the anniversary of each such arrangement compare the salary earned in that year with the minimum award payment for working the same hours and backpay any shortfall within 14 days. 

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