Unlawful discrimination

Adverse action - Warning for employers to document disciplinary action in writing

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Written by Jennifer Sant | 05 September 2011
Posted in Unlawful discrimination

The recent case of Bayford v MAXXIA Pty Ltd [2011] GMCA 202 demonstrates the broad application of the adverse action provisions of the Fair Work Act 2009 and the importance of employers documenting their reasons for any disciplinary action.

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Age Discrimination pay out awarded to 75 year old bus driver

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Written by Jennifer Sant | 18 May 2011
Posted in Unlawful discrimination

The NSW Administrative Appeals tribunal full bench has recently awarded a 75 year old bus driver $25,323 in compensation after he was dismissed because of his age. The dismissal occurred after a low speed accident involving the bus driver. Prior to this, in 2007, the bus driver had had his hours reduced because he was “getting old” and he was told “that it was time for him to retire”.

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When and how can a small business dismiss an employee on suspicion of theft?

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Written by Jennifer Sant | 03 December 2010
Posted in Unlawful discrimination

A recent decision of Fair Work Australia has made some important points about the obligations of an employer when they dismiss an employee who they have reasonable grounds to believe has been stealing from them.

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Paid Parental Leave Bill 2010

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Written by Jennifer Sant | 28 May 2010
Posted in Unlawful discrimination

In May 2010 that Federal Government released its draft of the Paid Parental Leave Bill.

Under the draft Bill, from 1 January 2011, an eligible parent will be able to apply for up to 18 weeks paid parental leave at the national minimum wage, currently $543.78 per week.

Employers will be required to pay parental leave to employees who have been employed for at least 12 months prior to the expected date of birth or placement of adoption.

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Warning to employers to investigate employee harassment complaints

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Written by Jennifer Sant | 28 May 2010
Posted in Unlawful discrimination

A recent decision of Fair Work Australia has highlighted the need for employers to properly investigate employee complaints.

In Harley v Aristocrat Technologies Australia Pty Ltd [2010] FWA 62 an employee was awarded the maximum compensation payable under the Fair Work Act 2009 (Cth) (ie six months salary) after being forced to resign following “a course of harassment” from one of his managers.

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