All posts by: Gary Pinchen

Fees, No Win-No fee

James Ashby, a former political staffer to former speaker Peter Slipper, commenced legal action in 2012 against Mr Slipper by alleging he was sexually harassed and that the politician misused parliamentary entitlements. The original case against Mr Slipper was eventually withdrawn but Mr Ashby sought an ‘act of grace’ payment in 2018 from the Commonwealth […]

Serious Misconduct in 2021 Workplaces

The term ‘serious misconduct’ is something that is thrown around by employers way too much in the employment sphere. You may have heard it during a dismissal or when your employer is threatening your employment. ‘Serious misconduct’ is actually a legal term that will allow for employers to terminate you on that basis and bar […]

How to Negotiate With Your Employer

Everyone negotiates.  When there is more than one person involved, actions are almost always preceded by negotiations, whether that’s with friends, family or colleagues, your managers, human resources. The question isn’t whether you negotiate, but how well do you negotiate? Everyone Has to Negotiate, What You May Ask Pay rises, terms and conditions of employment, […]

What is the Difference Between the Fair Work Commission and Fair Work Ombudsman?

The specific functions of the Fair Work Commission include: Judging disputes, complaints in the workplace, (including unfair dismissal, general protection applications and anti bullying applications), Maintaining the minimum employment standards including wages and employee rightsReviewing and changing awards and agreementsVarious other functions related to the workplace.The Fair Work Commission also has a free call service […]

Serious Misconduct In The Workplace

The term ‘serious misconduct’ is something that is thrown around by employers way too much in the employment sphere. You may have heard it during a termination or when your employer is threatening your employment. ‘Serious misconduct’ is actually a legal term that will allow for employers to terminate /dismiss you on that basis and […]

Test Case looms on mandatory vaccinations for employees, will this lead to increased dismissals?

A current case being observed by employers considering mandatory coronavirus vaccinations, the Fair Work Commission (FWC) will probe whether Ozcare in Brisbane South, unfairly sacked a long-serving care assistant who refused a compulsory flu shot on the basis of allergy, while the Commission also weighed-in on the contentious issue of enforced jabs for Santas. Commissioner […]

Employer calls you in for a disciplinary meeting,

Can i have some advice please Currently we are receiving a lot of phone calls regarding attending disciplinary meetings. Now that the employer has the upper hand due to the high unemployment rate (increased supply of labor) and many employer’s are taking every advantage to reduce labor cost (read some of my other blog articles). […]

Its Trash Day, (your dismissal) Employers Playing God

Probationary periods are the non-negotiable loophole for employers to terminate and throw out any agreement you may think you have. Many employment contracts don’t mention that a probation period applies, so new employees automatedly assume it doesn’t apply to them. To some employers dismissing someone in a probation period is all part of a days […]

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