Wage theft is one of the flavours of the month in the industrial relations space at the moment with repeated calls to introduce tough criminal penalties for those employers who “steal” their employees’ wage by underpaying them. There is no doubt that all employees should be paid what they are owed for a hard day’s […]
The recent Fair Work Commission (the Commission) decision in Lamacq v Smerff Electrical demonstrates a classic case of what an employer should not do when terminating an employee. Business Owner, Mr Hickey, alleged his employee, Lamacq, used his business vehicle and fuel card for personal use and engaged in unauthorised ‘cash jobs’ that diverted business […]
Can an employer indefinitely suspend an employee who has been charged with a serious criminal offence for conduct that occurred outside of work? That is the question facing the St George Illawarra Dragons at the moment with widespread calls for Dragons player Jack de Belin to be suspended indefinitely until the serious sexual assault charges […]
In a recent decision from the full bench of the Fair Work Commission, it was held that an employer lacked a reasonable basis for refusing an employee’s request for flexible work arrangements. The Employee, Detective Senior Constable Gary Emery, was 58-years-old, and nearing retirement. His request was to have additional rest days, as he moved […]
Late last year the Fair Work Commission made the landmark decision of Klooger v Foodora Australia Pty Ltd [2018] FWC 6836 that found the Foodora driver was an employee, rather than an independent contractor. The decision and its implications were considered in our former article from December last year. The decision has sparked further developments […]