March 2019

You are browsing the site archives for March 2019.

Recent case outlines importance for employers to recognise sexual harassment

Recently, in the Victorian Civil and Administrative Tribunal (the Tribunal), in Kerkofs v Abdallah (Human Rights) [2019] VCAT 259, Ms Kerkofs (the Applicant) was successful in her sexual harassment claim against Mr Abdallah (the First Respondent), both were employees of Parker Manufactured Products Pty Ltd (the Employer). The Applicant claimed the First Respondent made ongoing […]

Update: Stop Bullying Orders

Stop bullying orders under the Fair Work Act 2009 (Cth) are intended to have a wide application, extending beyond employees to ‘workers’ including contractors, volunteers and students gaining work experience. Recently, the Full Bench of the Fair Work Commission in Bibawi v Stepping Stone Clubhouse Inc t/a Stepping Stone [2019] FWCFB 1314 considered whether Bibawi, […]

Unnecessary and unconstitutional? The Practical and Legal Problems With the Criminalisation of Wage Theft

The deliberate underpayment of employee entitlements, such as wages, is not currently a criminal offence in Australia (despite the misleading use of the term by some). However, that is about to change with the Victorian Labor Government pledging to criminalise “wage theft” and the NSW Labor Opposition Party also committing to do the same should […]