Peter Vitale
News and interviews on Peter Vitale including trends, features, blogs and community conversations from an Australian business perspective.
Fair Work Australia statistics cast doubt on whether small business checklist will help SMEs in unfair dismissal casesWednesday, 27 October 2010
Statistics from Fair Work Australia show the industrial umpire dismissed just nine unfair dismissal cases in which the employer had correctly followed the Labor government’s much-vaunted Small Business Dismissal Checklist, which was designed to help protect ...
Court decision shows how employers can prevent ex-staff taking clients
Friday, 22 October 2010
Employers looking to stop former staff from poaching clients have been given a new legal strategy after the New South Wales Court of Appeal back an insurance company that used a "cascading" restraining deed in its employment contract, with nine separate clauses ...
Five lessons from the David Jones sexual harassment case
Monday, 18 October 2010
In the end, the sexual harassment battle between David Jones, it's former chief executive Mark McInnes and its former junior publicist Kristy Kirk-Fraser ended with more of a whimper than a bang. ...
Unfair dismissal claims climb 35% under Fair Work Act; expert disputes Government claim “go away” money is back
Thursday, 14 October 2010
The Government says there is no evidence that employers are being forced to pay "go away" money to settle unfair dismissal claims, despite new statistics revealing the number of unfair dismissal claims has jumped 35% under the Fair Work industrial relations ...
Retailers attack Fair Work Australia decision on minimum shifts, consider appeal
Monday, 11 October 2010
Retailers have attacked Fair Work for upholding a decision to restrict businesses from scheduling shifts shorter than three hours, saying the move will effectively block younger employees from working after school. ...
More employers expected to ban the smoke break
Friday, 01 October 2010
Smokers must have thought that being ostracised from the office and forced to huddle like vagrants on street corners was the last humiliation. But no. ...
The perils of "after 5" social media use
Tuesday, 28 September 2010
The explosion of the use of so-called social media has employers and employees wondering where the line between work and play is drawn. ...
Sham contractors still a risk
Tuesday, 07 September 2010
Legislative provisions designed to stop employers from engaging employees as independent contractors was introduced by the Howard Government, and then apparently all but disappeared. ...
David Jones questions new harassment allegations, settlement still likely
Tuesday, 31 August 2010
Department store giant David Jones has described parts of the sexual harassment claims levelled against it by former publicist Kristy Fraser-Kirk as "unfounded and highly exaggerated" and says it is prepared to fight the allegations in court if a settlement ...
Fair Work Ombudsman targets directors
Tuesday, 24 August 2010
In a reflection of the growing trend for managers and directors to be targeted by the Fair Work Ombudsman, a string of recent cases have resulted in fines being imposed against individuals as well as the companies they run. ...
Fair Work Ombudsman fines increase 20% as experts call for more education for SMEs
Monday, 23 August 2010
Experts say businesses need more education on how the Fair Work regime actually works if they are to be expected to avoid aggressive penalties, after data from the Fair Work Ombudsman showed a 20% rise in the level of fines issued by the workplace watchdog. ...
Survey shows drinking costs business $450 million a year – here’s what you can do
Friday, 13 August 2010
Australian businesses are losing over $450 million every year due to workers' excessive drinking according to a new survey published in the Medical Journal of Australia, with colleagues often having to work extra hours to pick up the slack from affected staff. ...
Adverse action threat to employers
Tuesday, 10 August 2010
Discrimination cases are attracting some pretty hefty headlines at the moment. But these headlines don't capture a key aspect of these cases that should make employers redouble their efforts to introduce policies and education programs to ensure that discrimination ...
David Jones $37 million sexual harassment claim shocks business world, but US-style damages payout unlikely
Tuesday, 03 August 2010
A $37 million sexual harassment claim launched against David Jones and its former chief executive Mark McInnes may have sent shockwaves through Australia's business community, but experts say it is highly unlikely that former David Jones publicist Kristy Fraser-Kirk ...
Underpaying Cotton On told to say sorry on Facebook
Friday, 16 July 2010
Retail clothing chain Cotton On which has been forced to backpay over 3,000 staff by the Fair Work Ombudsman, and was ordered to publish an official apology on its Facebook page, which CCI Lawyers principal Peter Vitale says is an example of the growth of social ...
The five big changes small businesses must watch for in the new financial year
Thursday, 01 July 2010
It's the start of the new financial year, and entrepreneurs are breathing a sigh of relief that the June 30 rush is over. ...
Four Modern Award transition tips
Tuesday, 29 June 2010
With July 1 as the start date for the "transition" to pay arrangements under Modern Awards made under the Fair Work Act, there has been some activity from Fair Work Australia (FWA) and the Fair Work Ombudsman (FWO) to try and help employers understand their ...
Unions to sue director of failed company over unpaid entitlements
Tuesday, 22 June 2010
The Australian Workers Union and the Australian Manufacturing Workers Union are set to launch legal action against the director of a collapsed manufacturing company under never-before-used provisions of the Fair Work Act. ...
Employers win as Fair Work Australia overturns decision on union’s right of entry
Tuesday, 15 June 2010
The Australian Industry Group has claimed victory after the Full Bench of Fair Work Australia overturned a controversial decision that would have given a NSW union almost unfettered access to a workplace. ...
Fair Work Australia finds more problems with unfair dismissal Code – but who is going to fix it?
Friday, 04 June 2010
Fair Work Australia senior deputy vice president has raised more questions as to whether the Small Business Fair Dismissal Code that is designed to help protect companies with fewer than 15 employees from unfair dismissal claims actually gives small business ...
