Refusal to Work Overtime – Reasonable

The amount of overtime considered reasonable can also be a difficult issue in the workplace. This was the case with Australia Post who disciplined two employees for unsatisfactory performance during the “indoor” portion of their shiftsThe employees appealed the warning and the Commissioner accepted their evidence that they had both advised depot managers they could work no more than an hour of overtime on November 2, 2012.They had also followed Australia Post’s instructions in returning undelivered mail to their ma
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When it comes to dealing with workers who have injured themselves in the workplace, there are many factors you need to consider while establishing “an adjustment”The first and primary question that must be asked: is the adjustment reasonable?When contemplating this question, a business must consider the following elements:-       what is the benefit to the employee-       what would  be the effect on the employee if no adjustment were made-       what would be the impact on the employer if th
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Underpayment of Wages

Outlined below is another interesting example of the costs of not having your wages compliant with the relevant legislation. In this case an underpaid truck driver in Northern Queensland was back-paid $52,000.The worker, was aged in his 60s and employed at a transport business near Cairns. He was underpaid the minimum hourly rate and travel allowance entitlements between January 2010 and September 2013.The statement from the Fair Work Ombudsman Natalie James read as follows” underpayment occurred because of a lack of a
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Underpayments of Wages – Director Fined

This case highlights the repercussions that can be felt by a company director following a Fair Work investigation.The operators of the Mildura Battery Company Pty Ltd failed to apologise to an employee they had underpaid for six years and were fined almost $50,000.Following legal action by the Fair Work Ombudsman the company, which operates a wholesale battery business, has been penalised $39,270. In addition to that, company director Michael John Marquick was fined a further $7854.The company was also ordered to fully
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Termination of Employment – Reinstatement

In a very interesting case, a person who admitted touching the breasts of five women during a 2012 Christmas party has won his job back. This was after the NSW IRC found he was treated more harshly than a senior manager who was only demoted.The key component here was that the 2 men, who both breached the policy, were treated differently after being found guilty of the same offence.After looking at a range of factors, the Commissioner decided reinstatement was not impracticable. The reasons for this decision included the
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Wage Compliance

It has become very apparent that businesses need to be more proactive when it comes to ensuring they are compliant with wage and entitlement regulations.Breadtop Bakery is the latest major employer to join forces with the Fair Work Ombudsman to ensure the pay packets of its 800-strong national workforce are accurate.Breadtop, in collaboration with the Fair Work Ombudsman, has set up a self-audit process to review staff entitlements and correct any issues it may find.This process is exactly what HR Central can deliver f
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