Employees in the retail and hospitality industry are usually covered by a modern award such as the Fast Food Industry Award 2010, General Retail Industry Award 2020, Hospitality Industry (General) Award 2020, Registered and Licensed Clubs Award 2020 or the Restaurant Industry Award 2020.
Some of the areas in which you may need assistance are:
- advice about entitlements;
- award classification;
- negotiating or reviewing your employment contract;
- harassment at work;
- disciplinary action and termination;
- work health and safety issues;
- redundancy processes and entitlements.
For experience and help when you need it, Contact WorkLegal today.
Case Study – Correcting award level
Through hard work and diligence Janice progressed through the levels of the guest services department of an internationally branded hotel. After completing studies in supervision she was given responsibility for managing a section of the hotel, directing other staff about how they should carry out their duties. She also has responsibility for writing procedures for her part of the hotel. Janice reviews her employment agreement and notices that she is still paid as a Guest Service Supervisor. Janice takes advice from an experienced lawyer who helps her to prepare a submission to the hotel that she has met the criteria for Managerial Staff. After meeting with her to discuss that the hotel agrees she has met the criteria and re-issues her employment contract and increases her pay in keeping with the seniority of her role.
Case Study – Investigative Process Causes Worker Injury
Woolworths investigated an employee about various issues including alleged stealing. The investigation found there was no stealing but the employee was placed on a performance improvement plan to comply with the company’s policies.
About a month later the worker found out that some staff members had asked why he had not been sacked because he had been stealing from the store.
The employee applied for workers’ compensation, claiming that he could not work any more due to distress from those comments, by being ostracised at work and by having his reputation ruined. He claimed that the injury arose from the other employees being made aware of the investigation, and by how the investigation was undertaken, including the employer having the police search his car in front of other employees.
Woolworths argued that the investigation and disciplinary process constituted reasonable action and awareness of other employees about it was part of the process.
The tribunal found that the gossip and awareness by co-workers’ of the allegations were not part of the disciplinary process, and that they created the employee’s perceptions of a ‘pack of dogs’ mentality and that his reputation was ruined, which were the main factors causing his illness. His application for workers’ compensation was accepted.
Campbell v Woolworths  NSWWCC 213.
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Based in Gold Coast Queensland, we assist our valued clients wherever they are in Australia.