Applicant was not a native English speaker A weigher/labeller for a fresh goods company was hired in April 2013 and became a permanent full-time employee in November 2013. The weigher/labeller was born in Ethiopia and English was his second language. He worked 38 hours per week and his gross pay … [Read more...] about When verification was a team responsibility, evidence from the entire team must be considered or the investigation will be deficient
When a significant reduction in compensation is a dismissal
Enterprise agreement allowing for demotion as penalty for misconduct A Shift Manager for a train transport company had been employed for over 30 years. His latest classification was RC6 Level E and his gross annual pay was $141, 442. The enterprise agreement allowed for the train company to … [Read more...] about When a significant reduction in compensation is a dismissal
Solicitor under legal supervision: Considered an employee of a law firm?
Legal supervision a requirement for the legal profession A lawyer graduated in September 2018 and was admitted as a solicitor in NSW in December 2018. He was a restricted legal practitioner because he had not yet completed the legal supervision requirement. Legal supervision does not always … [Read more...] about Solicitor under legal supervision: Considered an employee of a law firm?
Non-receipt of government wage subsidy not a ground to withhold employee’s pay
Probationary employee enquires about delayed pay A senior operator/manager had been working for 5 weeks but she had not been paid her wages despite her employment contract providing that she will be paid on a fortnightly basis. She also asked for a payslip. She was provided with a Jobs … [Read more...] about Non-receipt of government wage subsidy not a ground to withhold employee’s pay
Unreasonable behaviour of a manager toward a staff member—when is it bullying?
Conflict between new manager and staff A sales assistant at a jewellery store had been promoted to the role of supervisor on February 2018. There had been no store manager until March 2020. Conflict began to arise between the store manager and the three members of the staff, particularly with the … [Read more...] about Unreasonable behaviour of a manager toward a staff member—when is it bullying?
Exceptional circumstances: When a late application for unjust dismissal can still be heard by the Fair Work Commission
Deactivated Email A mine worker was hired in 2012. He had an old email address that he had later deactivated. He informed the Human Resources department of the mining company he worked for that he had deactivated the old email address and was using a new one. All correspondence between the worker … [Read more...] about Exceptional circumstances: When a late application for unjust dismissal can still be heard by the Fair Work Commission