Working Knowledge Podcast

Leading Australian employment lawyer Brian Powles, partner at Walter Baden, and his guests present a running series covering employment law in Australia.

[Working Knowledge Podcast @WorknPod]

This week's podcast we take a high level 'layman's terms' view of the FWO v Woolworths Federal Court decision.
https://t.co/ns5HnrkC6S

[Working Knowledge Podcast @WorknPod]

This week, we are joined by special guest Jacqueline Monk for a discussion on Modern Salvery https://t.co/pdYVGV2iPZ

[Working Knowledge Podcast @WorknPod]

A tree removal company was fined over $2 million after a worker died while using a defective woodchipping machine. The judge considered the harm to the worker as foreseeable and extreme and determined that the substantial fine was justified. https://t.co/x9zwdeF7tz

[Working Knowledge Podcast @WorknPod]

2 employees will receive $200K in compensation from their employer for being deliberately sacked as a result of becoming union delegates. The Court found that the sackings implied severe consequences for other employees who engaged with unions.
https://t.co/WG0iVcC1F1

[Working Knowledge Podcast @WorknPod]

The FWO is prosecuting Bakers Delight Holdings for significant underpayments at three of its Hobart stores. The FWO asserts that Bakers Delight should be liable for $640,000 of the underpayments, as it was aware of the issue but did not take any action. https://t.co/RDJVnGpdVj

[Working Knowledge Podcast @WorknPod]

FWC upheld the dismissal of an employee who colluded with his mother to steal a $400 hard drive & subsequently falsified a story to cover up the theft. FWC found the employers decision justified noting the employee's behaviour as unreliable & self-serving.
https://t.co/qudWwsqlHU

[Working Knowledge Podcast @WorknPod]

The FWC has determined that a DoorDash food delivery driver is an independent contractor, citing factors such as control, delegation, and equipment. The ruling reinforces the principle that contractual terms take precedence over the performance of work. https://t.co/DBneQESpmG

[Working Knowledge Podcast @WorknPod]

BHP is challenging a Federal Court ruling that found it unreasonably required employees to work on Christmas holidays in 2019, violating the Fair Work Act. Facing over $400 million in back-payments, BHP is seeking a review of the ruling in the High Court. https://t.co/eaTOBfFrHX

[Working Knowledge Podcast @WorknPod]

Cheesecake Shop former employees, including 3 migrant workers, allege underpayment of over $1M, exposing issues with employer-sponsored visas & migrant system. Migrant workers fear reporting underpayment risks residency, perpetuating unequal power dynamics.https://t.co/UeKZy3fXok

[Working Knowledge Podcast @WorknPod]

FWC Bench made it clear that it will not grant extensions to the expiring Zombie Agreements even if both employers & employees request it. The Bench evaluated arguments of difficulties faced by employers but these were dismissed as self-serving arguments. https://t.co/pUdeeAvzhB

[Working Knowledge Podcast @WorknPod]

An employer failed to convince the FWC that their worker voluntarily resigned, instead the FWC found the employer terminated the employee after an unsatisfactory discussion for dismissal and therefore the dismissal was 'disproportionate and harsh'.
https://t.co/tsbYsPutrQ

[Working Knowledge Podcast @WorknPod]

In the FCFCOA, Sydney Trains was found to have unlawfully discriminated against an employee under s 15(2) of the Disability Discrimination Act 1992, by dismissing her due to her disabilities. The Court noted that the dismissal lacked rationality.
https://t.co/rqaRz5iCoV

[Working Knowledge Podcast @WorknPod]

From 1 July 2023, Student Visa holders will be able to work a maximum of 48 hours a fortnight after more than a year of uncapped hours. This decision has raised concerns among international students who rely on work to support their living expenses. https://t.co/eeHWlrEXAB

[Working Knowledge Podcast @WorknPod]

A firm sought an injunction to prevent a lawyer from working in its regional area. NSW Supreme Court denied the application having considered the shortage of criminal lawyers in the area and questioned the extent of the restraint clause's necessity. https://t.co/SrOzKj585y

[Working Knowledge Podcast @WorknPod]

An unvaxxed driver was awarded $80,000 after the NSW Personal Injury Commission found that the employer's unreasonable ultimatum, contradictory requirements, and threat to his job caused the driver psychological injury and rendered him unable to work. https://t.co/H8lWJ7yV0c

[Working Knowledge Podcast @WorknPod]

Workers who were sexually harassed before the Secure Jobs, Better Pay amendment face a choice: omit complaints about pre-amendment incidents to use the new provisions or submit a potentially less advantageous application under the old provisions.
https://t.co/U4T5QsNqrB

[Working Knowledge Podcast @WorknPod]

A worker's request for an extension of time was denied by the FWC. Despite citing mental health issues as a reason, evidence showed the worker actively communicating with her employer. The FWC ruled the worker did not demonstrate exceptional circumstances. https://t.co/aRQRqopPrD

[Working Knowledge Podcast @WorknPod]

The FWC has upheld Virgin Australia's decision to dismiss a worker who falsified colleague reports which created a 'psychosocial safety' risk. The FWC accepted that the wilful and repeated conduct of the worker made his employment untenable.
https://t.co/Noya3adz0B

[Working Knowledge Podcast @WorknPod]

Fair Work Commission changes from 1 July 2023:
· The high-income threshold for unfair dismissal applications rises to $167,500 with max compensation limits to $83,750.
· Application fees increase to $83.30.
The National Minimum Wage also increases to $882.80 p/wk or $23.23 p/hr.

[Working Knowledge Podcast @WorknPod]

Latest annual taxation statistics show that the gender pay gap is decreasing, but it's too slow. It's estimated that by the time the pay gap has closed, the current workforce will be long retired. However, there is reassurance that the pay gap is closing. https://t.co/oxQ1IKxeEr