The recent case of Lau v Moorilla Estate Pty Ltd [2024] TASCAT 58 revolved around a conflict between an artwork, specifically designed to be discriminatory for artistic purposes, and the provisions of the Anti-Discrimination Act 1998 (Tas) (the Act).

The Full Bench of the Fair Work Commission (FWC) recently came to a provisional view that there should be a modern award entitlement to 10 days of paid family and domestic violence (FDV) leave. The Full Bench’s provisional view may be accessed here.

This month we bring you the latest newsletter from the Employment, Industrial Relations & OHS team, Employment Essentials.

Employment Essentials reports on topical issues in HR and brings you the latest updates in employment law. Plus much more.

If you would like further information, want to ask a question or subscribe to receive Employment Essentials via email, contact us at employmentessentials@sladen.com.au.

If you would like further information, want to ask a question or subscribe to receive Employment Essentials via email, contact us at employmentessentials@sladen.com.au

The Fair Work Commission (Commission) has upheld a company’s smoking ban following a challenge by the Construction, Forestry, Mining and Energy Union (CFMEU). Commissioner Tony Saunders held that the employer’s direction to ban smoking at its workplace, a complex which was comprised of two open cut mines and a coal handling and preparation plant (CHPP), was lawful and reasonable.

The ban meant that employees who wanted to smoke were required to drive 2.8km to the complex’s front gate to smoke.

Failure to pay to an employee proper notice resulted in a HR Manager and the company she worked for being fined in the Federal Circuit Court in Adelaide.

The employee was paid some notice, but not the whole of the notice period required by the Fair Work Act. This underpayment resulted in the employee being underpaid $181.66 (two days’ notice) as a result. 

The HR Manager conceded in the hearing that she knew of the requirements to pay proper notice, but the company claimed confusion had arisen as a result of the interaction of the provisions of the workers compensation legislation in South Australia regarding termination of employment and the Fair Work Act.  The Federal Circuit Court did not accept this as a reasonable excuse, stating the company should have paid the notice as provided by the Act.

With only 4 solid working weeks remaining, 2014 is already upon us. These coming weeks will be swallowed up by end of year functions and completing those jobs that were due back in July. While we admit we are adding another inconvenient issue to the plate, this alert is essential reading for all employers.