This case concerned a claim of unfair dismissal arising from a child care workers apparent failure to provide adequate supervision of a child in a child care setting when the worker turned her attention to a ringing phone. The Full Bench, on appeal, found that the child care worker’s consideration of the phone call did not amount to a lack of ‘adequate supervision’ for the child and, accordingly, found that her dismissal had been unfair.
As part of the Annual Wage Review 2012-13, the Fair Work Commission has released its 'Statistical Report' . This report covers the period to the end of December 2012 and concerns issues relating to economic growth, productivity, business competitiveness and viability, labour market participation, award reliance, growth forecasts and a number of other employment related measures.
A recent decision of the Federal Court of Australia relating to an unfair restraint of trade clause in a contractor’s agreement has found that the Court may have the authority to retrospectively vary a contract. This finding may have a significant impact on employers, leading the way in making compensation payable for an employer’s conduct relating to a contract which was altered retrospectively.
The case of Fair Work Ombudsman v Maclean Bay highlights the liability faced by a company and its director for sham contracting, with Maclean Bay and its director being fined in excess of $294,000.
Fair Work Ombudsman v WKO Pty Ltd  FCA 1129
In the recent decision of Fair Work Ombudsman v WKO Pty Ltd  FCA 1129, the Federal Court imposed penalties on a child care operator and a director arising out of adverse action taken against an employee upon the disclosure of her pregnancy.
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- Unfair Dismissal: Nangle v Kimberley Division of General Practice T/A Boab Health Services
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