Hanging onto Christmas Casuals: A Guide for Retailers

by Ben Desir, Workplace Advisor, NRA Legal How did you do? Did you manage the mad dash for last minute...

by Ben Desir, Workplace Advisor, NRA Legal How did you do? Did you manage the mad dash for last minute Christmas gifts? Chances are you brought on a number of casual members of staff to help deal with the Christmas rush. It’s also likely that a few of these casuals really...

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Dismissals can be stressful and risky

by Angela Szczepanski, Senior Associate, NRA Legal Dismissing an employee can be stressful and is often quoted as the 'worst...

by Angela Szczepanski, Senior Associate, NRA Legal Dismissing an employee can be stressful and is often quoted as the 'worst part of running a business'. As well as the emotional context, it can be a long and timely process to ensure due process is followed. In particular, special care needs to...

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Update your employment contracts

Whether you’re just starting out, or experiencing changes in your workforce, the new year is a great time to check...

Whether you’re just starting out, or experiencing changes in your workforce, the new year is a great time to check if your employment contracts are not only compliant, but effective for your business. Effective employment contracts should: protect your business meet your employer obligations clearly define employment terms and conditions, and ...

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FWO blitz targets Ballarat without warning

by Victoria Hansen, Lawyer, NRA Legal The Fair Work Ombudsman (FWO) deployed an unannounced campaign in Ballarat this week to address...

by Victoria Hansen, Lawyer, NRA Legal The Fair Work Ombudsman (FWO) deployed an unannounced campaign in Ballarat this week to address concerns regarding potential non-compliance with Commonwealth workplace laws. The FWO campaign had a particular focus on businesses in the retail, fast food and hospitality industries and conducted more than 50 visits...

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FWO rolls out regional campaigns

The Fair Work Ombudsman (FWO) is currently running campaigns in multiple regions across Australia to assess compliance and help...

The Fair Work Ombudsman (FWO) is currently running campaigns in multiple regions across Australia to assess compliance and help employers and employees understand their legal rights and obligations. According to the FWO, the campaigns include compliance and education activities, such as providing a range of tools, resources and assistance to...

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Technology retailer under fire for ‘misleading’ Returns Policy

by Ben Desir, NRA Legal Workplace Advisor The Australian Competition and Consumer Commission (ACCC) has instituted proceedings for misleading and...

by Ben Desir, NRA Legal Workplace Advisor The Australian Competition and Consumer Commission (ACCC) has instituted proceedings for misleading and deceptive conduct against a technology retailer. The ACCC has accused several entities operating under the MSY Technology banner of misrepresenting consumers’ rights to remedies for faulty products, by claiming that: MSY...

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Workplace bullying on the rise

by Meaghan Spencer, NRA Legal Workplace Advisor Results from a study conducted by Australian Workplace Barometer Project have revealed that...

by Meaghan Spencer, NRA Legal Workplace Advisor Results from a study conducted by Australian Workplace Barometer Project have revealed that bullying is prevalent and on the rise in workplaces across Australia. A worker is bullied at work if an individual or a group of individuals repeatedly behaves unreasonably towards the worker,...

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Message from the CEO: 28 November 2016

This week will we see the final release of trade data from the Australian Bureau of Statistics before the...

This week will we see the final release of trade data from the Australian Bureau of Statistics before the Christmas and Boxing Day trading period. It should give us a clearer indication of how consumer sentiment is tracking as we move into the most important month of the year for...

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Casuals can claim unfair dismissal

by Angela Szczepanski, Senior Associate, and Ben Desir, Workplace Advisor Casual employment and dismissal It is common practice for a retailer...

by Angela Szczepanski, Senior Associate, and Ben Desir, Workplace Advisor Casual employment and dismissal It is common practice for a retailer to employ casual employees due to the relative simplicity of the arrangement (e.g. paid a loading in lieu of leave entitlements). However, did you know that casual employees could have the...

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Stay of costs order imposed against the Fair Work Ombudsman

The Fair Work Ombudsman (FWO) has secured a stay on an $800,000 costs order imposed by a judge who...

The Fair Work Ombudsman (FWO) has secured a stay on an $800,000 costs order imposed by a judge who found in June that it had not acted in the best interests of workers when it pursued directors of the employer under the Fair Work Act’s accessorial liability provisions for...

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Fair Work Ombudsman fines Master Franchisor for accessorial liability

Accessorial liability provisions have been used by the Fair Work Ombudsman (FWO) to secure substantial penalties across the chain...

Accessorial liability provisions have been used by the Fair Work Ombudsman (FWO) to secure substantial penalties across the chain of command of frozen yoghurt franchise, Yogurberry, for underpaying four overseas workers.Under s 550 of the Fair Work Act 2009 (Cth) (the Act) accessorial liability means that a person who...

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NRA welcomes Troy Wild to the team

It is with great pleasure that I welcome Troy Wild to the National Retail Association as Director, Legal Division,...

It is with great pleasure that I welcome Troy Wild to the National Retail Association as Director, Legal Division, and Principal of our in-house law firm, NRA Legal. Troy joins us with an extensive background in industrial relations and employment law, as well as 13 years’ experience gained as a...

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NRA welcomes new lawyer

We are pleased to welcome our new senior lawyer, Angela Szczepanski to the National Retail Association Legal Team. Angela joins...

We are pleased to welcome our new senior lawyer, Angela Szczepanski to the National Retail Association Legal Team. Angela joins the team with over 13 years’ experience in industrial relations and has worked for a number of employer associations, private enterprises as in house counsel and for the Queensland State...

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Message from the CEO: 5 September 2016

Last week’s retail trade data may not have been the most high-profile activity performed by the Australian Bureau of...

Last week’s retail trade data may not have been the most high-profile activity performed by the Australian Bureau of Statistics in recent months.  That honour clearly went to the national Census.  But in terms of outcomes, this exercise was almost as disappointing! The ABS reported that retail trade flatlined in...

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Sexual Harassment and Assault in the Workplace

Recent statistics have discovered that sexual harassment in the workplace is at an all-time high with 25% of women...

Recent statistics have discovered that sexual harassment in the workplace is at an all-time high with 25% of women and 16% of men experiencing this form of harassment. In July, the Supreme Court ordered WorkCover to pay a family support worker over $1.5 million after she was sexually assaulted...

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Modern Award review: weekend penalty rate decision

It is anticipated that the Fair Work Commission will make a decision regarding weekend penalty rates by September. Adjustments to...

It is anticipated that the Fair Work Commission will make a decision regarding weekend penalty rates by September. Adjustments to weekend penalty rates has been one of several issues flagged as a part of the Commission’s 4 year review of the Modern Awards. A number of submissions and applications have...

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