Feedback Form
Home Features Mastermind Videos About Advertise Blog Network Contact
   

Have A Suggestion?
Toronto Salsa Classes / Toronto Salsa Lessons Email us your ideas on how to make our website more valuable! Thank you Sharon from Toronto Salsa Lessons / Classes for your suggestions to make the newsletter look like the website and profile younger entrepreneurs like Jennifer Lopez and Sean Combs!
Have A Suggestion?

Featured Ebook


ebook Famous Entrepreneurs - Modern Empire Builders


Featured Ebook

More Evan Carmichael
Have A Suggestion?

Sales Lessons From Starbucks And Dell

Consultancy company penalised for AWA duress



Consultancy company penalised for AWA duress
   

In this case, an employer contracted a consultancy company to assist in offering AWAs to transferring employees after the employer took over a supermarket business. A transferring employee was interviewed by the consultancy company and was offered an AWA. The employee claimed to have raised a number of concerns in relation the terms and conditions in the AWA, including the absence of penalty rates and the existence of a probation period. Despite these concerns, the employee was told by the consultancy company that she would not be employed if she did not sign the AWA.

The Court held that the consultancy company and the employer had jointly developed a plan to offer standard AWAs with set terms and conditions. There was no room for the employee to negotiate different terms and conditions under the AWA, or a different industrial instrument. The transferring employee had to sign the AWA to keep her position in the company. In addition, if the employee accepted the AWA, she would have been subject to a 3 month probation period for her current role. The Court found that in these circumstances, there was application of duress by the consultancy company and the employer.

Both the employer and the consultancy company were penalised $6,700 each and were jointly and severally liable for $983.40 compensation to the employee. Although the consultancy company was a services company engaged by the employer, the Court ordered the same penalty because the consultancy company had been “integrally involved in the determination of the relevant strategic and operational steps associated with offering the AWA.”

HR Tip:

The ability of an employer to offer AWAs to employees ceased on 28 March 2008. Employers who used AWA’s in their business as at 1 December 2007 can now use Individuals Transitional Employment Agreements (ITEAs). Importantly, the law prohibits the application of duress in connection with the making of an ITEA. The law specifically states that it is not duress for an employer to make the employment of a prospective employee conditional upon the employee entering into an ITEA. However, this protection for employers does not apply in the case of a transferring employee. Employers, IR Consultants and advisers will need to take care to ensure that duress is not applied to employees when offering an ITEA.

Consultancy company penalised for AWA duress - To learn more about this author, visit Jason Donnelly's Website.

Like this article? Share it with your friends
[Get Copyright Permissions] E-Mail | Print | More  


Related Articles Related Articles
Consultancy company penalised for AWA duress
  The Federal Magistrates Court has found an IR consultancy company jointly liable with an employer for applying duress to an employee in relation to an AWA.
Corporate Reputation Matters
  The subject of business ethics has become very popular in recent times. However, it is important to understand its real meaning. A business is deemed to be unethical if it claims to be what it is not or adopts such ...
Building a Consulting Practice
  The Bureau of Labor Statistics has predicted a rise of about 55 percent in the number of consulting opportunities in the period between 2002 and 2012. This is the best time for baby boomers who are on the lookout fo...
BMW falls into the Abyss
  This article tells of how even large corporations can get it wrong on Google and become blacklisted.
Sales Training London How Do You Make Money When You Lose the Sale
  This piece is heresy for many of you. Competition ..... Kill...Kill....Kill But have you ever considered how much money you leave behind every time you fail to make a sale? I don't suppose you fancy making money...

Related Forum Posts Related Forum Posts
Hello from Bangladesh Hello from Bangladesh
Re: Hello from Bangladesh Re: Hello from Bangladesh
Seeking partners and investors for a very ambitious project Seeking partners and investors for a very ambitious project
Re: Seeking partners and investors for a very ambitious project Re: Seeking partners and investors for a very ambitious project
Piggybacking Domain Names Piggybacking Domain Names
Thanks Evan Thanks Evan
Licensing and Exclusivity Licensing and Exclusivity
Young electrical engineer Young electrical engineer

Related Forum Posts Related Businesses - Evan Elite Authors

The Evan Elite Authors program is currently in beta phase. For details please contact us.


 
About the Author


Jason Donnelly
(Visit Jason's Website)
Since commencing with Australian Business Lawyers in July 2000, Jason has provided advice to employers in an array of employment and industrial law matters. Jason has also regularly represented the interests of employers in proceedings before the Federal Court of Australia, the Industrial Relations Commission of New South Wales, the Australian Industrial Relations Commission, Local Courts and the Chief Industrial Magistrates Court. In recent years, Jason’s practice has concentrated on industrial dispute work; OH&S work; unfair dismissals; drafting and negotiating industrial instruments; unfair contract claims and underpayment claims associated with breaches of industrial instruments. Jason also has considerable experience in providing employers with strategic advice in the post WorkChoices environment. Much of Jason’s experience in employment and industrial law has been gained in the construction materials, manufacturing, mining and transport industries.
Have A Suggestion?

View Author's Blog
Become An Author

View Author's Video
Become An Author

Free Downloads


Jason Donnelly's

Complete
List Of
Legal
Articles

First Name
Last Name
Email
 
If you enjoyed this article, get Jason Donnelly's Complete List of Legal Articles For FREE!

More Jason Donnelly
Sexual Harassment victim wins $100000 in damages
Injured Workers Consequences of Inappropriate Conduct
Consultancy company penalised for AWA duress
Become An Author