BULLYING: ALLEGED VICTIM’S NAME NOT TO BE SUPPRESSED
The Fair Work Commission refused to suppress an employee’s identity for the purposes of his anti-bullying application.
Blagojevic v AGL Macquarie Pty Ltd; Mitchell Seears (2018) 70 AILR ¶102-945;  FWC 1513
UNFAIR DISMISSAL: EMPLOYEE VALIDLY DISMISSED FOR EXTORTION
The Fair Work Commission held that an employer had a reasonable belief that an employee was attempting to extort a financial settlement from it and so the employee was validly dismissed in accordance with the Small Business Fair Dismissal Code.
Heydon v The Highgate Group Pty Limited (2018) 70 AILR ¶102-946;  FWC 956
RIGHT OF ENTRY: PERMIT HOLDERS DID NOT REQUIRE NOTICE OF ENTRY PRIOR TO ENTERING SITE WHERE WH&S BREACHES SUSPECTED
A Full Court of the Federal Court found that the occupier of a construction site contravened s 501 of the Fair Work Act 2009 (Cth) when its director repeatedly refused two union officials’ entry where the union suspected contraventions of the Work Health and Safety Act 2011 (Qld).
Ramsay & Anor v Menso & Anor (2018) 70 AILR ¶102-947;  FCAFC 55
AWARD ENTITLEMENTS: PENALTIES FOR OUTBACK EMPLOYER WHO UNDERPAID BACKPACKERS ON WORKING HOLIDAYS
The Federal Circuit Court imposed a pecuniary penalty of $48,320 upon an employer, and $8,446 upon its manager, for their failure to pay their employees overtime payments in conformity with the applicable industry award. Most of the underpaid employees were overseas backpackers employed under subclass 417 visas.
Fair Work Ombudsman v David Mayne Pty Ltd & Anor (2018) 70 AILR ¶102-948;  FCCA 856