by David Kidd | Jan 21, 2019 | Annotated Fair Work Act
Electronic Lodgement Issues Leading to Extension of Time [2019] FWC 279 SA Walte v Maylands Dental Trust (“The reasons for the delay was the belief by Ms Waltke that her application had been lodged in time and that the delivery failure email went to her spam file and was unknown to her. Upon becoming aware of that information Ms Waltke promptly lodged her application. Ms Waltke has explained the delay” @17 – extension granted) Recent recommendation for my service: Recommendations “I’m finding your annotated FWAct very useful! I use Kidd’s annotated Fair Work Act regularly to advise clients on a whole range of employment law issues. It’s really helpful when I need to see whether there has been case law on particular provisions of the Act. I also used it last year as a basis for my research for an appeal to the Full Bench of the Fair Work Commission. It is very comprehensive and neatly summarises the case law that has dealt with each section of the Act. I find it a really helpful resource and definitely recommend it.” Best regards, Sean...
by David Kidd | Jan 13, 2019 | Fair Work Law & Annotated Act
Amusements, Events and Recreation Award 2010 [2018] FCCA 3692 Creed v Jolong Park P/L (classification – the A’s “role was … to supervise the tour guides who ran the horse tours; … insofar as she was responsible for the horse tours, she had general supervisory duties including ensuring that participants completed the requisite pre-ride training, risk forms and the like; and … to undertake basic administration” @38 – A classified as Grade 5) Dismissal – Conflict of interest/disloyalty [2019] FWC 119 Vic Nason v V/Line P/L (Mr Nason suggested to “Mr Kibbis that he and two colleagues work against management as the solution for the lack of shift coverage that Mr Kibbis was complaining about” @26 – by raising his voice during a conversation Mr Nason “behaved in a manner that resulted in Mr McKeown feeling uncomfortable and concerned about the aggression and bullying/yelling down the phone from Mr Nason. Such behaviour can be described as discourteous and disrespectful” @38 – “Mr Nason closed the Coach Booking Office early without authorisation to do so” @68 – valid reason for A’s dismissal found – dismissal not harsh etc) Dismissal – Criminal convictions / offences / charges [2018] FWC 7626 Vic Njau v Superior Food Group (“Njau had a criminal record prior to seeking employment with Superior Food Group and … he did not disclose all of his prior convictions to Superior Food Group in connection with his application for employment … Njau’s failure to declare his criminal history to Superior Food Group occurred in circumstances where he had simultaneously consented to the Police Check. In providing his consent, Njau says...
