UNFAIR LABOR PRACTICES – AUSTRALIA

Uber drivers sacked over sex claims reinstated

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 2 : 29-Oct-25

The Fair Work Commission has ruled that ride-sharing giant Uber must reinstate two drivers under the federal government’s unfair deactivation laws. Uber was also ordered to pay one of the drivers more than $6,000 in lost earnings after removing him from its platform in May due to several complaints about sexually inappropriate misconduct; this included a female passenger’s allegation that the driver had been sexually gratifying himself. In the second case, the FWC has yet to determine how much compensation for lost wages a driver will be entitled to following his deactivation for allegedly hugging and kissing a female passenger. In both cases the FWC found that Uber had relied on customer statements or hearsay evidence from its service team in deactivating the drivers.

CORPORATES
UBER AUSTRALIA PTY LTD, AUSTRALIA. FAIR WORK COMMISSION

Fair Work Commission finds journalist and presenter Antoinette Lattouf was sacked by ABC

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Original article by Isobel Roe
abc.net.au – Page: Online : 4-Jun-24

The Fair Work Commission has found that journalist and presenter Antoinette Lattouf was sacked by the ABC, after she was taken off air part way through a radio presenting stint in December. With Lattouf having lodged a claim against the ABC for unfair dismissal, it had argued that her employment was not actually terminated, as she had been paid for all of the five days on which she was scheduled to broadcast. The Commission’s ruling paves the way for Lattouf to pursue an unlawful termination case against the ABC, with that case having been filed in the Federal Court.

CORPORATES
AUSTRALIAN BROADCASTING ASSOCIATION, AUSTRALIA. FAIR WORK OMBUDSMAN, FEDERAL COURT OF AUSTRALIA

Teal MP Ryan sued over sacking for unreasonable hours

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Original article by Ronald Mizen, Michael Read
The Australian Financial Review – Page: 3 : 1-Feb-23

The enterprise agreement for staff of federal MPs provides for them to receive an allowance for when they are required to work "reasonable additional hours" over and above the ordinary hours of duty. The court application filed by Sally Rugg shows that the former chief of staff to independent MP Monique Ryan alleges that she was sacked for refusing to work "unreasonable" hours. Rugg will contend that her dismissal constitutes a breach of the Fair Work Act because it was in response to her exercising a workplace right. She is seeking an injunction to prevent her termination from taking effect until the dispute is resolved, as well as compensation from Ryan and the federal government. The enterprise agreement does not define what constitutes "reasonable hours".

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FWC ruling a win for casual workers

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Original article by Ewin Hannan
The Australian – Page: 6 : 24-Jan-20

The full bench of the Fair Work Commission has ruled that a casual sales assistant at Bed Bath N’ Table is entitled to pursue an unfair dismissal claim against the retailer. FWC deputy president Amanda Man­sini had previously ruled that the employee was not covered by unfair dismissal laws, as her employment was not regular and systematic. However, the full bench rejected Mansini’s reasoning and ruled that the case can proceed.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, BED BATH AND TABLE

No way to Wiggle out of sacking

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Original article by Ewin Hannan
The Australian – Page: 3 : 25-Nov-19

The Fair Work Commission has thrown out an unfair dismissal claim by a Toyota dealership employee who took personal leave under false pretences. Sean Mamo had requested leave to care for his son, but his employer became aware that Mamo had in fact used the paid day off to take his son out, after photos of them at a Wiggles concert were posted on social media. FWC deputy president Alan Colman said the fact that Mamo claimed a payment to which he was not entitled was sufficient grounds for his dismissal.

CORPORATES
AUSTRALIA. FAIR WORK COMMISSION, TOYOTA MOTOR CORPORATION AUSTRALIA LIMITED

Gillard’s IR laws need rework: Lib MPs

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Original article by Phillip Coorey
The Australian Financial Review – Page: 5 : 20-Aug-19

Liberal MPs Tim Wilson, Jason Falinski and Andrew Bragg have called for changes to unfair dismissal laws that were introduced when Julia Gillard was the Labor government’s industrial relations minister. The trio argues that Labor’s Unfair Dismissal Code has also been ineffective, and the number of unfair dismissal cases heard by the Fair Work Commission has risen sharply under Labor’s reforms. A recent review of the code by Small Business Ombudsman Kate Carnell recommended 15 changes to it.

CORPORATES
LIBERAL PARTY OF AUSTRALIA, AUSTRALIAN LABOR PARTY, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIA. OFFICE OF THE AUSTRALIAN SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN

Unfair dismissal: retreat over pay

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Original article by Ewin Hannan
The Australian – Page: 2 : 7-Aug-19

Small Business and Family Enterprise Ombudsman Kate Carnell says the Small Business Fair Dismissal Code is "ambiguous and open to interpretation". She adds that small businesses would be in a better position to comply with the code if ambiguous language were removed. Carnell has also argued the case for the Fair Work Commission to establish a small business division, although she now favours reviewing the maximum compensation for unfair dismissal after a revised code has been operating for at least 12 months.

CORPORATES
AUSTRALIA. OFFICE OF THE AUSTRALIAN SMALL BUSINESS AND FAMILY ENTERPRISE OMBUDSMAN, AUSTRALIA. FAIR WORK OMBUDSMAN, AUSTRALIA. ATTORNEY-GENERAL’S DEPT, AUSTRALIA. DEPT OF EMPLOYMENT, SKILLS, SMALL AND FAMILY BUSINESS

Business urges new work rules

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Original article by David Marin-Guzman
The Australian Financial Review – Page: 1 & 4 : 25-Jun-19

Prime Minister Scott Morrison discussed the federal government’s industrial relations policy in a speech to the Chamber of Commerce & Industry of Western Australia on 24 June. Business leaders have outlined the workplace reforms they would like to see during the Coalition’s third term in office. Australian Mines & Metals Association CEO Steve Knott says an overhaul of the enterprise bargaining system should be a priority, as well as changes to the ‘better off overall test’. Australian Chamber of Commerce & Industry CEO James Pearson in turn has called for changes to small business dismissal laws.

CORPORATES
AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, CHAMBER OF COMMERCE AND INDUSTRY OF WESTERN AUSTRALIA (INCORPORATED), AUSTRALIAN MINES AND METALS ASSOCIATION (INCORPORATED), AUSTRALIAN CHAMBER OF COMMERCE AND INDUSTRY, THE AUSTRALIAN INDUSTRY GROUP, ACTU, AUSTRALIA. DEPT OF JOBS AND SMALL BUSINESS, WOOLWORTHS GROUP LIMITED – ASX WOW, AUSTRALIA. FAIR WORK COMMISSION, THE AUSTRALIA INSTITUTE LIMITED. CENTRE FOR FUTURE WORK

ABC paid Michelle Guthrie $500,000 to drop lawsuit

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Original article by Aaron Patrick
The Australian Financial Review – Page: 6 : 5-Mar-19

Sources have indicated that investment banker and former ABC director Simon Mordant helped to negotiate a settlement with former MD Michelle Guthrie. Mordant has declined to comment on claims that he was asked to intervene in Guthrie’s dispute with the public broadcaster over her sacking in September. The settlement is said to include a payment of around $500,000 to discontinue her unfair dismissal claim, as well as a ‘nondisparagement clause’ that prevents all parties to the case from discussing the matter in the media.

CORPORATES
AUSTRALIAN BROADCASTING CORPORATION, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. DEPT OF THE PRIME MINISTER AND CABINET, SEVEN WEST MEDIA LIMITED – ASX SWM

Unionist gets no joy over sacking

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Original article by Ewin Hannan
The Australian – Page: 5 : 9-Jan-19

The full Federal Court has dismissed an application by former union organiser Nick Belan for a judicial review of the Fair Work Commission’s decision in his unfair dismissal case. The FWC had ruled in 2017 that the National Union of Workers had been justified in sacking Belan after he admitted to the trade union royal commission that he had used a union-issued credit card for personal expenses. Belan had contended that the transcript of his evidence before the royal commission was inadmissible in the FWC case.

CORPORATES
NATIONAL UNION OF WORKERS, FEDERAL COURT OF AUSTRALIA, AUSTRALIA. FAIR WORK COMMISSION, AUSTRALIA. ROYAL COMMISSION INTO TRADE UNION GOVERNANCE AND CORRUPTION