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FWOFair Work Ombudsman · 4 April 2024

Fair Work Ombudsman

Citation: FWO-2024-04-05-university-of-melbourne-adverse-actions-penalties-media-release

At a glance

Penalty
$74,590
Employees affected
2

What happened

The Fair Work Ombudsman took legal action against the University of Melbourne for adverse action against two casual academics. The academics complained about being required to work more hours than stated in their contracts without additional pay. The University threatened to not re-employ one academic and offered no further work to another after they raised concerns about payment for extra hours. The University admitted to the conduct.

What was decided

The Federal Court imposed a total of $74,590 in penalties against the University of Melbourne. The court found the University contravened the Fair Work Act by taking adverse action against the academics for exercising workplace rights. Justice Dowling stated the threat of reduced future work due to claims for additional hours was a serious breach of the Act. The University compensated one academic $4,000 and the other $10,000 for non-economic loss. A separate case regarding alleged underpayments is ongoing.

What it means for employers

Employers, particularly those with a large number of casual or fixed-term employees, must ensure they are complying with workplace laws. They should proactively address any concerns about potential underpayment and promptly rectify any issues identified. Adverse action is unlawful and undermines employee rights.

What it means for employees

Employees have the right to raise concerns about their work conditions without fear of negative consequences. Employers cannot take adverse action against employees who exercise their workplace rights. Free advice and assistance is available through the Fair Work Infoline and website.

general-protectionsadverse-actionscasual-conversionpenalty-ratesunderpaymentmodern-award-variation

Every statement above is drawn from the published decision. Read the original here:

https://www.fairwork.gov.au/newsroom/media-releases/2024-media-releases/april-2024/20240405-university-of-melbourne-adverse-actions-penalties-media-release

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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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