457 CRACKDOWN, A NON-UNION DEAL AND A PROMISCUOUS EMPLOYEE

Employment Law

IS A S.457 CRACKDOWN NEEDED?

The answer is “No” according to Independent MP Rob Oakeshott. He has told Parliament he will vote against the federal government's legislation raising the bar for employers sponsoring 457 visa entrants, arguing that there are already sufficient sanctions in the Migration Act to stop or hinder any rorting of the system.

TRYING TO MAKE A DEAL WITHOUT A UNION CAN CAUSE TROUBLE

Melbourne's Swinburne University will pay the NTEU $33,655 as part of consent orders made by the FWC. The Unions claim related to what was allegedly a "secret non-union deal" made by the Uni with a handful of newly-appointed staff at a subsidiary college.

The NTEU claimed that the university was planning to secure a substandard deal for its wholly-owned subsidiary, Swinburne College Pty Ltd, then shift its casual employees and those on fixed term contracts onto the deal as the contracts expired.

PROMISCUOUS EMPLOYEE

A male manager sacked for having intercourse with a female co-worker has failed to convince the FWC that his unfair dismissal application should proceed. The employee lodged almost six months late after he became aware that he was treated differently to the other employee involved in the romp.

In order to gain an extension, an employee must generally show that there was or is exceptional circumstances.

The Manager claimed the other employee had been given the chance to resign, while he had not been offered such an opportunity, as he had been dismissed for gross misconduct. The manager argued that the result of the differential treatment was that he was denied a payout of his long service leave.

 


Matthew Waring

Managing Director at Waring LEGAL

Waring Legal and Waring Employment Advisors were both launched in 2012 as a professional and affordable option for individuals and companies seeking legal advice and industrial relations advice throughout Australia. Waring Legal and Waring Employment Advisors are a competitive alternative to large, impersonal law firms. Waring Legal and Waring Employment Advisors seeks to provide our clients with Professional and timely service as well as personal attention at reasonable prices.


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