Termination of employment – application to dismiss by employer – deed of settlement – s.394 Fair Work Act 2009 – parties reached settlement agreement at conciliation – applicant confirmed acceptance of offer via email – parties exchanged emails about terms of draft Statement of Service – terms of settlement not signed – respondent submitted applicant’s claim was extinguished – applicant’s representative advised agreement was in-principle and not binding – respondent evidenced settlement monies paid to applicant – applicant’s representative stated payment was unsolicited – if there is a binding agreement between parties to an unfair dismissal application, then application has no reasonable prospects of success and may be dismissed [Gorman] – Commission found binding agreement reached, however while applicant received the monies payable under the terms of settlement, she had not received the Statement of Service – matter not dismissed at this time – if respondent provides applicant with Statement of Service within seven days application will be dismissed. Lombardo v The West Australian Newspaper
December 10, 2015
Termination of employment – extension of time – representative error – s.394 Fair Work Act 2009 – application for unfair dismissal remedy – application lodged two days outside of statutory time limit – applicant submitted delay result of representative error – applicant dismissed on the basis of unsubstantiated allegations of misconduct – Nulty considered – Commission found circumstances that could be regarded as exceptional so as to support an extension of time – extension of time granted – application referred for conciliation. Selth v SA Group Enterprises Inc
December 10, 2015
Unions have told a Victorian inquiry into the labour hire industry there needs to be tougher regulations on labour hire companies, because an increasing number are simply going into liquidation when they cannot pay staff what they are owed. The National Union of Workers claims one former labour hire company in Geelong owes poultry workers as much as $20,000, but has gone into liquidation and the company director cannot be contacted. Tim Gooden from the Geelong Trades Hall Council said it was becoming increasingly difficult to chase other small labour hire companies suspected of underpaying staff. Mr Gooden said he had seen it twice this year, as well as at other workplaces he had not dealt with personally. “It’s becoming a very common tactic, to operate out of the boot of your car, sell workers, skim off the top, pocket the money and then when you’re challenged under the laws of the land, go into liquidation and disappear,” he said.
December 10, 2015
Owners of a Berwick service station have been fined almost $100,000 for underpaying two Indian workers as little as $10 an hour. Fair Work Ombudsman Natalie James found workers at the BP station on Clyde Rd were underpaid more than $111,800 between 2008 and 2012. They have since been back-paid. The Federal Circuit Court fined Liquid Fuel Pty Ltd $79,537 over the matter. Husband-and-wife managers Xin Zhang and Linda Qu were each fined $4504 and Ms Qu’s father Nian Li, the company director, was fined $3861. The court heard one of the workers was financially supporting his wife and daughter and said the low wages made it “very hard to survive”. He said there were times he had to borrow money to pay his rent. Ms James said the underpayments were “blatant exploitation” and described the overseas workers, who are now Australian citizens, as “vulnerable”.
December 10, 2015
Icon Water has rejected claims it appears to be making people redundant based on their age. The utility company was in the process of making 10 jobs redundant as part of a larger restructure that will see up to 50 positions culled. The company has extended the redundancy consultation process which will mean staff will not exit the organisation until the first week of February. The Professionals Australia union’s ACT director David Smith said Icon Water had not outlined which other organisations it had benchmarked itself against to inform the restructure. He had asked Chief Minister Andrew Barr to intervene on behalf of the ACT community to find out how services will be affected by the trimming of the workforce.
December 10, 2015
A Supreme Court judge has upheld a decision to award $90,000 in compensation to a teacher who was sacked after entering into a romantic relationship with a former student. Jon Martin, 59, was sacked from Padua College in 2013, after the college’s principal was told he was having an affair with former 18-year-old student Samantha Anderson. Mr Martin, who taught at the school for 17 years, filed a complaint with the Victorian Civil and Administrative Tribunal (VCAT), which found the school had discriminated against him. School administrators appealed the decision but on Wednesday, Supreme Court Justice Greg Garde upheld the VCAT ruling.
December 10, 2015
The Victorian Police Association says its members need access to more family violence leave. An enterprise bargaining agreement with the Victorian Government may have indirectly caused discrimination by restricting women from working flexible shifts, according to recommendations made to the Police Association. Officers were able to rise through the ranks despite “problematic attitudes” that contributed to harassment and discrimination because the agreement did not mandate that these values had to be considered when an officer applied for promotion, the union has also been told.
December 10, 2015
Patrick Projects Pty Ltd has allegedly fired a small army and another six go on parade at Fair Work today in Perth at 1pm (Deeney, Hughes, King, Park, Seiffert, Strauss). Other attendees around the nation today include: Brookfield Rail Employment Pty Ltd (Anderson), Mermaid Marine Vessel Operations Pty Ltd (Baker/Harty), Coles Group Supply Chain Pty Ltd (Ah Kau), Hit and Bounce Pty Ltd (Navia Ortiz), Goodyear Australia Pty Limited (Waters), Sunnyfield (Monteleone), AAPC Properties Operations Pty Ltd (Delmar), Transfield Services (Australia) Pty Ltd (Hopkins), All Boys and All Girls Club Inc (Krznaric), Casyam Investment Trust (Mortlock), Cronin Mechanical Services (Luke), Isis Central Sugar Mill Company Limited (Fordham), Ostwald Bros Pty Ltd (O’Donnell), Amanda Maree English (Dunsdon), Scott McKenzie Transport (Leonard) and Metricon Homes Pty Ltd (Hammon).
