Australia: Fighting on the job no longer an automatic basis for dismissal

In the recent decision of Browne v Coles Group Supply Chain Pty Limited [2014] FWC 3670, the Fair Work Commission reinstated a employee who been dismissed for initiating a fight with a colleague whilst at work. In his decision, Vice President Hatcher determined that initiating the fight constituted a valid reason for dismissal, but that the dismissal was harsh because it was disproportionate to the conduct when having regard to the employee’s 18 years’ […]

By | February 8th, 2015 ||

Australia: Secondary boycott actions under the Competition and Consumer Act 2010 – Workplace Solutions Quarterly Newsletter – January 2015

The Australian Competition and Consumer Commission has indicated that it intends to become more active in the area of industrial disputes by reactivating the use of secondary boycott actions.

Pursuant to Section 45D of the Competition and Consumer Act 2010 (Cth), a person must not, in concert with a second person, engage in conduct that hinders or prevents a third person from supplying to or acquiring from a fourth person, goods and services, where the […]

By | February 8th, 2015 ||

Australia: Employment law refresher

Entitlement to Accrued Sick Leave Entitlements

Sub-Division A of Division 7 of the Fair Work Act 2009 provides that all employees “other than casual employees” are entitled to paid personal leave. Section 96 of the Fair Work Act provides that:

For each year of service with his or her employer, an employee is entitled to 10 days of paid/carer’s leave.
An employee’s entitlement to paid personal/carer’s leave accrues progressively during a year of service according to the […]

By | February 8th, 2015 ||