PCC Employment Lawyers in Sydney, Australia | Business service

PCC Employment Lawyers

Locality: Sydney, Australia

Phone: +61 2 8436 2500

Address: Suite 6, Level 1, 9 Railway Street, Chatswood 2067 Sydney, NSW, Australia

Website: http://www.pcclawyers.com.au

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25.01.2022 Qantas has revealed plans to axe another 2400 jobs by outsourcing all ground handling work at Australian airports, in a further blow to its workforce after 6000 redundancies were announced two months ago in response to the COVID-19 pandemic. https://www.smh.com.au//qantas-set-to-cut-another-2400-job

24.01.2022 The Morrison Government heads into a fortnight of parliamentary sittings starting today with JobKeeper and JobSeeker extensions up for discussion. https://www.abc.net.au//jobkeeper-jobseeker-exten/12587642

24.01.2022 eBook available for download: https://bit.ly/PCCLawyers-eBook As a follow on from our newsletter series providing updates on COVID-19, we have compiled an eBook "Employment Law in the COVID-19 Era". The eBook includes many of the updates we released as the crisis developed, as well as some brand new content, addressing the critical employment law issues arising from COVID-19 in Australia.

24.01.2022 The Fair Work Commission has upheld the summary dismissal of a school cleaner who gave a teacher a back massage. The cleaner admitted to giving the teacher a two minute back massage after requested to by the teacher who was experiencing discomfort. The employer was subject to strict rules and contractual terms governing all employees for providing the contracted services. As the employer relied on admitted conduct, it was not required to investigate the allegation. It was h...eld that the employer complied with the Small Business Fair Dismissal Code. http://www.austlii.edu.au//au/cases/cth/FWC/2020/3874.html See more

22.01.2022 We take a look back at the employment law news through July in our Month in Review http://workplaceculturematters.com.au/?p=1257. #employmentlaw #workplaceculturematters

20.01.2022 The Fair Work Commission (FWC) has held that the dismissal of a Ray White Real Estate Salesperson was unfair. The Salesperson was dismissed after raising concerns about not receiving the full JobKeeper payment and discussing the issue with other employees. Ray White Balmain submitted that it dismissed the Salesperson for unsatisfactory performance and attempting to 'try to get staff to turn against management in relation to JobKeeper'. However, the FWC held that there was no ...evidence to support the submission of unsatisfactory performance, that raising concerns about JobKeeper was not a valid reason, that the Salesperson was not notified of the valid reason, nor that the meeting was a disciplinary meeting that could result in termination of employment and did not warn of any unsatisfactory performance. http://www.austlii.edu.au//au/cases/cth/FWC/2020/6049.html See more

19.01.2022 The Fair Work Commission has held that workers who refused to work on a ship due to safety concerns had not been stood down until their employer received prohibition notices from SafeWork NSW. The Fair Work Commission held that the workers had refused to work due to safety concerns and not for industrial action. The employer was not entitled to deduct the employees wages until it received the SafeWork NSW prohibition notices. However, the Fair Work Commission in this case held that the employees should not have their full wages being deducted for the period as the employees were not told they could leave the terminal. Nor were they advised before their shits not to come to work. In essence they were standing by to work. http://www.austlii.edu.au//au/cases/cth/FWC/2020/4623.html

19.01.2022 Queensland IR Commissioner Ros McLennan has dismissed an employers request to compel a worker to undertake medical examination to balance the report of the employee own medical expert, as well as to order the production of documents which could reveal whether the employee had brought the discrimination case in order to gain a visa extension. http://www.austlii.edu.au//viewdoc/au/cases/qld/QIRC/2020/

18.01.2022 The Shop, Distributive and Allied Employees Association has failed to establish that provisions in the Coles Supermarkets agreement relating to rostering should stop the supermarket from forcing a bakery team leader with childrens soccer and babysitting commitments to increase her weekend shifts. http://www.austlii.edu.au//viewdoc/au/cases/cth/FWC/2020/4

18.01.2022 The FWC has ruled that an employee's failure to tell her employer about an eight-hour freelance photoshoot on Channel 9's The Block, in breach of the employer Code of Responsible Business Practice, did not justify the employer's decision to issue her a formal warning. The FWC ordered the revocation of the formal warning and its replacement with a letter of counselling. http://www.austlii.edu.au//au/cases/cth/FWC//2020/6068.html

17.01.2022 The Fair Work Commission has again reinforced the importance for dismissals to be communicated face-to-face rather than through email. In an unfair dismissal application, an employer raised a jurisdictional objection stating the application had been filed three days after the 21 day time limit. However, the terminated employee stated she never received the emailed termination letter. The Fair Work Commission held that the employee was terminated eight days later when the empl...oyee called to question her increase in pay and was advised that she had been terminated. Commissioner Cambridge stated Unless there is some compelling reason like extensive distance or genuine safety concern, advice of dismissal from employment is a matter of such significance that it should be conveyed in person. http://www.austlii.edu.au//au/cases/cth/FWC/2020/4813.html See more

17.01.2022 The Fair Work Commission has found that an employees redundancy was not a genuine redundancy due to the employers failure to comply with the consultation requirements. It was held that asking an employee for questions, comments or suggestions was not enough to comply with the Clerks - Private Sector Award clause 38.1 consultation requirements. The employer also breached clause 38.2 by not providing in writing the changes and their effect on the employee before reaching th...e decision to make the employee redundant. The employee was made redundant a few days before JobKeeper was announced. Had the consultation requirements been complied with, the employee would have been employed long enough to qualify for JobKeeper. The Fair Work Commission has held that the employer must pay the amount the employee would have received under JobKeeper until the employer closed its office almost seven weeks later. http://www.austlii.edu.au//au/cases/cth/FWC/2020/3915.html See more

17.01.2022 An employee who worked more than six months but less than 12 months has been allowed to proceed with their unfair dismissal case after the Fair Work Commission held that including the employers director and company secretary and employees of a related entity meant that there were more than 15 employees. The Fair Work Commission held that the director was an employee as tax and superannuation was deducted from the directors fee, the director signed the dismissal letter as the managing director and he participated in the day-to-day management of the business. The Fair Work Commission held that the company secretary was an employee as the company secretary received remuneration which fell under the tax-free threshold. http://www.austlii.edu.au//au/cases/cth/FWC/2020/3675.html

17.01.2022 Australias latest unemployment figures confirm that women have borne the brunt of this recession, losing more hours and jobs than men, however the government has failed to address this instead stimulating male-dominated industries, an economist has argued https://thenewdaily.com.au//pink-collar-recession-coronav/

16.01.2022 The Full Bench of the Fair Work Commission have overturned a single Commissioners decision to reinstate an employee after characterising a safety incident as minor. The Full Bench held that the employer had a valid reason to terminate the employee for a breach of a critical safety procedure when the employee was on a final warning. The Full Bench held that the single Commissioner erred in focusing on the outcome of the employees conduct, ignoring the reason why the employer had implemented the critical safety procedure. http://www.austlii.edu.au//au/ca/cth/FWCFB/2020/3439.html

14.01.2022 Part-time and full-time workers are expected to receive different amounts of cash under the revised #JobKeeper program set to be announced alongside changes to #JobSeeker on Thursday 23 July, when the Government will provide an economic and fiscal update. https://www.abc.net.au//coronavirus-jobkeeper-job/12471956

12.01.2022 A recruitment specialist has been ordered to immediately end the stand down of its State Manager who was stood down in March due to the COVID-19 pandemic. The employer offered to take her back but not at her normal salary or commission. The State Manager declined the offer and questioned if there was actually no work. Than the employer offered her a payment less than the three month notice period required under the State Manager's employment contract and offered her a new emp...loyment contract with a lower salary and commission. At the end of June, the Employer returned the State Manager to work two days a week. However, the employer stood the State Manager back down in August. The Employer also notified the State manager that it was terminating her employment and she would remain stood down without payment in lieu of notice in case she was required to do any work. The Fair Work Commission held that the offer of part-time work on reduced conditions showed that there was no stoppage of work. The FWC found that the stand down was to force the State Manager to resign so the employer did not have to pay the three month notice period. http://www.austlii.edu.au//au/cases/cth/FWC/2020/5927.html See more

12.01.2022 The existing JobKeeper scheme runs until 27 September 2020. The Government has announced that the JobKeeper scheme will be extended from 28 September 2020 until 28 March 2021. There are two separate extension periods: from 28 September 2020 to 3 January 2021 and from 4 January 2021 to 28 March 2021. For each extension period, an additional actual fall in turnover test applies and the rate of the JobKeeper payment is different. https://www.ato.gov.au///JobKeeper-extension-announcement/

10.01.2022 An investigation into Australias $60 billion workers compensation system has uncovered mismanagement of the state government scheme in NSW and unethical conduct in Victoria. https://www.smh.com.au//snouts-in-the-trough-circle-austra

10.01.2022 The Fair Work Commission has held that a Managers redundancy was not a genuine redundancy. The Managers role was restructured with another Managers role and now undertaken by the Director. The Fair Work Commission held that the restructure and redundancy were the result of the Directors dissatisfaction with the Managers performance. The Fair Work Commission also found that the Manager should have been considered for a newly created general manager position as he had the skills and experience. As the Manager should have been considered for this position, the case was not a genuine redundancy. http://www.austlii.edu.au//au/cases/cth/FWC/2020/4423.html

10.01.2022 The Fair Work Commission has held that a long-serving pilots redundancy was not a genuine redundancy. The Fair Work Commission found that the employer failed to comply with the consultation requirements of the Air Pilots Award 2010. The Fair Work Commission accepted the employers submission that the pilot could not be redeployed. The Fair Work Commission awarded the pilot compensation of one weeks pay, being the period in which consultation would have occurred. http://www.austlii.edu.au//au/cases/cth/FWC/2020/4724.html

10.01.2022 Victorian COVID-19 restrictions are about to tighten on business as Melbourne enters stage four lockdown. https://www.abc.net.au//victorian-coronavirus-cur/12516636

09.01.2022 A landmark report into the on-demand workforce commissioned by the Victorian Government has made a host of recommendations to make sure gig economy workers get the fair deal they deserve and to codify work status in the Fair Work Act rather than relying on "indistinct" common law tests. https://apo.org.au//resource-fil/2020-07/apo-nid306880.pdf

09.01.2022 A statement issued by the FWC confirmed that the commissuons case load increase by almost 25% from 16 March 2020 to 31 July 2020, compared to the same period last year, with a leap in unfair dismissal applications, stand-down disputes and agreement variations in pursuit of a wage freeze or deferral. https://www.fwc.gov.au//presidents-statement-fwc-covid-19-

09.01.2022 A High Court majority overturns Mondelez leave decision. We explain how that impacts the calculation of paid personal/carers leave in our latest blog. http://workplaceculturematters.com.au/?p=1268 #workplaceculturematters #employmentlaw

07.01.2022 Ignorance is bliss, but not when it comes to the law. Though small businesses are less likely to have the funds to employ or retain dedicated employment law specialists they are still required to fulfill their employment law obligations. See our blog that outlines two cases where ignorance of the law was not accepted by the Fair Work Commission http://workplaceculturematters.com.au/?p=1237

07.01.2022 Though the Fair Work Commission has held that it did not have jurisdiction to deal with a dispute about eligibility to participate in the JobKeeper scheme, the Fair Work Commission has recommended an employer pay a casual worker the JobKeeper payment or risk a potential general protections claim. The casual employee worked 9.5 hours on Saturdays. The employer removed the JobKeeper payment for the casual employee after the casual employee refused to work an additional shift. The casual employee was unable to work the additional shift as he lived away from home during the week while he studied at university. http://www.austlii.edu.au//au/cases/cth/FWC/2020/3918.html

06.01.2022 Despite employer opposition, an FWC full bench has decided to grant paid pandemic leave for aged care workers covered by the Aged Care Award, the Nurses Award and Health Professionals Award for a three-month period from tomorrow. #modernawards https://www.fwc.gov.au//decisionssi/html/2020fwcfb3940.htm

06.01.2022 The Federal Government has today released the independent Retirement Income Review Final Report which confirms that the Australian retirement income system is effective, sound and its costs are broadly sustainable. But it has warned that "increases in compulsory super contributions will curb wage growth and reduce living standards during employees' working lives". https://treasury.gov.au///p2020-100554-complete-report.pdf https://treasury.gov.au//p2020-100554-00bkey-observations_

06.01.2022 The High Court has today overruled the Full Court of the Federal Court in Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union [2020] HCA 29. Paid personal/carers leave is to be calculated as one-tenth of the equivalent of an employees ordinary hours over a two-week period or 1/26 of the employees ordinary hours of work in a year. http://eresources.hcourt.gov.au/downloadPdf/2020/HCA/29

05.01.2022 Woolworths has backed down on its two-month refusal to deliver pay rises contained in four of the groups agreements to 130,000 staff, after the Shop Distributive and Allied Employees Association (SDA) agreed to withdraw legal proceedings commenced earlier this week. https://www.afr.com//woolworths-backflips-on-pay-rise-refu

05.01.2022 Treasurer Josh Frydenberg has revealed the budget will be in the red by $85.8 billion in 2019-20 and $184.5 billion in 2020-21, marking the biggest deficit since World War II. https://www.smh.com.au//frydenberg-unveils-biggest-deficit

04.01.2022 The FWC has upheld the sacking of a sales consultant for yelling and swearing loudly saying "f"**ing bullshit", "Im sick of fixing other peoples f***ing problems" and similar phrases which was overheard by customers while already on a final warning for similar issues. https://www.fwc.gov.au//decisionssign/html/2020fwc3770.htm

04.01.2022 The Fair Work Commission has again reminded employers to act fairly and spread the burden when implementing stand down decisions. The Fair Work Commission has held that the circumstances in this case did not amount to a stoppage of work for a Fair Work Act 2009 (Cth) section 524 stand down direction. This was because the business activity did not stop and the employees machine continued to be used. Instead the circumstances amounted to a slowing of demand. The deputy presi...dent said that though businesses are able to make unpalatable but necessary business decisions their implementation should be based on principles of fairness. It was held the employee could be usefully employed in another part of the business that he had experience in. The Fair Work Commission held that the fairer approach would of been sharing the reduction of work with the other manufacturing employees. http://www.austlii.edu.au//au/cases/cth/FWC/2020/4129.html See more

04.01.2022 The Federal Circuit Court of Australia has imposed penalties on two Hello Juice outlets for underpaying 27 workers $38,458 in 2017. The underpayments included cash-back arrangements and hourly rates as low as $10. The fines for the two companies were $161,988.75 and $80,325. The general manager of both stores was fined $34,616. The Federal Court judge rejected cultural differences as a mitigating factor in the underpayments. Observing that all too common ... phenomena where employers from culturally and linguistically diverse backgrounds exploit workers including, or especially, from within their own ethnic communities. http://www.austlii.edu.au///cases/cth/FCCA/2020/2332.html

04.01.2022 The Victorian Government has introduced temporary regulations under OHS laws that require employers and self-employed persons to notify WorkSafe Victoria of a confirmed case of COVID-19 in the workplace. Failing to notify WorkSafe can lead to fines of up to $39,652 for an individual or $198,264 for a body corporate. https://www.worksafe.vic.gov.au//employers-must-notify-wor

04.01.2022 The Australian Council of Trade Unions (ACTU) has launched a working-from-home charter of rights, ensuring that there is no loss of rights or income while working from home. However, the Ai Group's chief executive said the ACTU's adversarial approach puts at risk the cooperation between employers and employees regarding working from home arrangements. https://www.abc.net.au//union-calls-for-wfh-chart/12892900 https://www.aigroup.com.au//releas/actu-charter-wfh-17Nov/

01.01.2022 The Fair Work Commission has reinstated a childcare worker who it found was forced to resign when their employer gave a direction for the childcare worker to relocate to another workplace 25km away and accept a change in role that would involve changing nappies and a change in hours. When the childcare worker applied for the job she expressed that she did not like working with infants and toddles as they did not require pre-school teaching and needed nappy changes. The employ...er advised the childcare worker of the change in location and role in a meeting. The Fair Work Commission found that the employer issued the direction with no consultation and on the reasonable expectation that it would not be accepted by the childcare worker. Employers are ordinarily about to transfer employees. This was not not the normal case. There was no mutual agreement for the transfer and the transfer changed the childcare workers hours which was contrary to her employment contract. http://www.austlii.edu.au//au/cases/cth/FWC/2020/4034.html See more

01.01.2022 An employer has to compensate an employee for six months lost remuneration after terminating their employment after an ultimatum from the employers wife. The employee had worked for the employers family since 1991 and for the current company for three years. The employee was dismissed without warning or consultation. The Fair Work Commission held that the employees dismissal is was not a case of genuine redundancy. The Fair Work Commission said the real reason for the dismissal was the wifes ultimatum. This reason did not go to the employees conduct or capacity. http://www.austlii.edu.au//au/cases/cth/FWC/2020/3816.html

01.01.2022 The Fair Work Commission has upheld the dismissal for serious misconduct of a cleaner who took unauthorised breaks. Over a five shift period, the cleaner spent an additional 11.5 hours on break instead of attending to their duties. The cleaner attempted to argue that he was terminated for unsatisfactory performance and that his dismissal was unfair as he had not received a warning. This was not accepted by the Fair Work Commission. The Fair Work Commission in finding the cleaner had engaged in serious misconduct held that the cleaners actions were persistent, repeated and lengthy and indisputably worse than most others involved in the investigation. https://www.fwc.gov.au//decisions/html/pdf/2020fwc3628.pdf