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There are times when applications going before the Queensland Human Right Commission can be argued as being out of time and they give rise to strong arguments on jurisdictional grounds. The reasons for the delay can be wide and varied, but the principle that must be argued in favour of the complainant is that there is good cause for the Queensland Human Rights Commission or the Queensland. Industrial Relations Commission to use discretion on the basis that there is good cause for the complaint to be both accepted and heard. In Buderim Ginger v Booth, it was decided in the context of the exercise of a discretion under section 138 of the Act and the determination of whether 'good cause' had been shown. In determining that question, factors such as: the reason why the complaint was not made within time; t he extent of the delay in its being brought forward; and whether accepting the complaint late would occasion prejudice to the Respondent, will often feature prominently. Atkinson J (with which de Jersey CJ and McPherson JA agreed) wrote: 'Although it is not essential to show that there is a reason for and justification for the delay in order to show good cause, such a consideration is always relevant to such a decision. In forming an opinion that the Complainant has shown good cause, the Commissioner is not fettered by rigid rules but must take into account all of the relevant circumstances of the particular case such as the length of the delay; whether the delay is attributable to the acts or omissions of the Complainant or his or her legal representatives, the Respondent, or both; the circumstances of the Complainant; whether there has been a satisfactory explanation for the delay; and whether or not the delay will cause prejudice to the Respondent.'

The Anti-Discrimination Act in Queensland, Australia, is a significant legislation that aims to protect individuals from various forms of discrimination. One of the key elements of this act concerns racial vilification. Historical Background: Australia has a complex history regarding race relations. Indigenous Australians, the country's first inhabitants, experienced discriminatory policies and practices for many years. The roots of racial vilification laws can be traced back to the civil rights movements of the 1960s and 1970s when marginalized communities fought for equal rights and an end to racial discrimination. Elements of the Anti-Discrimination Act in Queensland concerning Racial Vilification: 1. Definition: The act defines racial vilification as any public act that incites hatred, contempt, or severe ridicule towards a person or group based on their race, nationality, ethnic background, or nationality. 2. Public Acts: Racial vilification laws primarily apply to "public acts," which include any behavior or communication conducted in public spaces such as speeches, publications (including social media), signs or symbols displayed publicly. 3. Intent: In order for an act to be considered racially vilifying under this legislation, it must have been done with intent - meaning that it was purposefully done to incite hatred towards a particular race or ethnic group. 4. Complaint Process: If someone believes they have been subjected to racial vilification under the Anti-Discrimination Act in Queensland, they can make a complaint with the Queensland Human Rights Commission (QHRC). QHRC is responsible for investigating complaints and resolving disputes through conciliation processes. Punishment if Found Guilty: If someone is found guilty of racial vilification under this act by either a court or tribunal following investigation by QHRC: 1. Civil Remedies: The victim may be entitled to compensation for any harm suffered due to the racially discriminatory behavior. 2.Criminal Charges & Penalties: In some cases where serious racial vilification occurs, criminal charges can be laid. If found guilty, the perpetrator may face fines or imprisonment. It is worth noting that punishment for racially motivated offenses may vary depending on the severity of the act and previous convictions of the offender. Overall, the Anti-Discrimination Act in Queensland concerning racial vilification is an important legal framework that aims to protect individuals from acts of hate speech and discrimination based on race or ethnicity. It reflects a commitment towards fostering inclusivity and promoting equality within society, while simultaneously holding accountable those who perpetuate racial vilification.

The history of trade unions in Australia is a significant aspect of the country's labor movement. Throughout the years, these unions have played a crucial role in advocating for workers' rights, improving working conditions, and fostering social justice. Among the many influential figures within this movement, an important but often overlooked leader stands out: David Unaipon – the first Aboriginal union leader in Australia. 1. The Emergence of Trade Unions in Australia: Trade unions emerged during the 19th century as an organized response to exploitative working conditions and unfair employment practices. Initially focused on skilled tradespeople, these unions eventually expanded to include workers from various sectors. 2. Aboriginal Workers and Their Struggle: During colonization, Indigenous Australians faced immense discrimination and marginalization that limited their access to decent work opportunities. They were often forced into low-paid manual labor or endured exploitation on pastoral stations or missions. 3. David Unaipon: A Remarkable Figure: Born on September 28th, 1872, at Raukkan Mission (Point McLeay), South Australia, David Unaipon was a man ahead of his time. He was widely recognized as one of the most brilliant minds among Indigenous Australians during his era. 4. Contribution to Literature and Invention: While not directly related to trade unionism, it is important to note that Unaipon's contributions extended beyond his activism within labor movements. - Literature: As an author and storyteller inspired by his Ngarrindjeri heritage and European education background (he was self-taught), he wrote extensively about indigenous culture. - Invention: Perhaps most famously known for his invention ideas such as a shearing machine (similar to modern mechanical shears), he exemplified innovation even amidst adversity. 5. Leadership within Australian Workers' Union (AWU): David Unaipon's involvement in trade unions began when he joined the Australian Workers' Union (AWU) in the early 1900s. The AWU was one of Australia's largest and most influential unions, representing a broad range of workers. 6. Advocacy for Aboriginal Workers: As an Aboriginal union member, Unaipon tirelessly fought to improve the working conditions and rights of his fellow Indigenous workers. He used his voice to raise awareness about the challenges faced by Aboriginal communities, including unequal pay and poor living conditions. 7. Legacy and Ongoing Influence: Despite facing significant obstacles due to societal prejudice, Unaipon's dedication to improving conditions for Aboriginal workers marked a pivotal moment in Australian labor history. - Inspiring future leaders: His role as the first Aboriginal union leader paved the way for future generations of Indigenous activists who continue advocating for social justice today. - Recognition: In recent years, there has been growing recognition of David Unaipon's contributions. For instance, his portrait is featured on Australia's $50 banknote as a testament to his achievements. The history of trade unions in Australia is incomplete without acknowledging the contributions made by its diverse leaders. David Unaipon stands out among them as an inspirational figure whose commitment to social justice reverberates through time. As we reflect on his legacy, it is important not only to remember him as an accomplished author and inventor but also as a trailblazer who fought for fair treatment and equal opportunities for all workers – particularly those from marginalized backgrounds such as Indigenous Australians.

An industrial advocate is a professional who represents and supports workers in industrial relations matters. Their role is to ensure that employees are aware of their rights and entitlements, and to assist them in resolving workplace issues and disputes. The main responsibilities of an industrial advocate include: 1. Providing advice and guidance: Industrial advocates educate workers about their workplace rights, such as fair wages, working conditions, and entitlements. They help employees understand relevant employment laws, awards, and agreements, and provide guidance on how to navigate complex industrial relations processes. 2. Negotiating on behalf of workers: Industrial advocates represent workers in negotiations with employers or management. They participate in collective bargaining, where they advocate for fair and reasonable working conditions, wages, and benefits. They aim to secure the best possible outcomes for workers, ensuring their interests are protected. 3. Assisting with dispute resolution: Industrial advocates help workers resolve workplace disputes, such as unfair treatment, discrimination, or wrongful termination. They provide support throughout the dispute resolution process, which may involve mediation, conciliation, or even legal proceedings. Their goal is to achieve a fair and equitable resolution for the employee. 4. Providing representation in legal proceedings: In some cases, industrial advocates may need to represent workers in legal proceedings, such as unfair dismissal claims or discrimination cases. They gather evidence, prepare legal arguments, and present the worker's case in court or relevant tribunals. 5. Advocating for legislative changes: Industrial advocates often play a role in advocating for changes to employment laws and regulations to better protect workers' rights. They may engage in lobbying activities, participate in consultations with government bodies, and contribute to policy development to ensure fair and equitable working conditions for all. Overall, the role of an industrial advocate is to support and empower workers by providing them with the knowledge, representation, and assistance they need to navigate the complexities of industrial relations and achieve fair outcomes in the workplace.

This matter concerns an application for declaratory relief and pecuniary penalties for contraventions of various provisions of the Fair Work Act 2009 (Cth) ("Act") under the Industrial Law. The employer in question has admitted to contravening the Restaurant Industry Award 2010 ("Award") by failing to display the Award and National Employment Standards, failing to pay annual leave entitlements, failing to pay superannuation contributions, and failing to provide notice or payment in lieu on termination of employment. The parties have agreed to orders in respect of unpaid wages and annual leave entitlements, as well as outstanding superannuation guarantee payments. The respondent has proposed a range of pecuniary penalties. The issue at hand is whether the amount of penalties within the respondent's proposed range is sufficiently high to achieve specific and general deterrence. Furthermore, the question arises as to whether the penalties should be paid, in equal amounts, to the applicants or into the Consolidated Revenue Fund. The applicants also seek compensation for loss of growth in their superannuation funds. Additionally, the applicant seeks to recover on their quantum meruit claim amounts payable under the National Minimum wage as a casual employee. After careful consideration, it is held that total penalties imposed of $150,000 on the first respondent and $50,000 on the second respondent are payable in equal amounts to each applicant. The Court finds that this amount is sufficient to achieve specific and general deterrence. Moreover, the penalties shall be paid into the Consolidated Revenue Fund. The applicants are entitled to compensation for loss of growth in their superannuation funds, and the applicant is entitled to recover on their quantum meruit claim amounts payable under the National Minimum wage as a casual employee. Call 1800 238 622 for a FREE consultation or gethelp@1800ADVOCATES.au

Some of the most common job interview questions include: 1. Can you tell us about yourself? 2. Why are you interested in this position? 3. What are your strengths and weaknesses? 4. What are your long-term career goals? 5. What experience do you have in this field? 6. How do you handle stress or pressure? 7. Can you describe a time when you had to overcome a challenge? 8. How do you work in a team environment? 9. What are your salary expectations? 10. Do you have any questions for us? It's important to prepare for these questions and practice your answers beforehand to increase your chances of a successful interview. Best of luck.

Section 385 of the Fair Work Act 2009 is an important piece of legislation that relates to the protection of employees' rights in the workplace. This section provides specific guidelines for employers when it comes to unfair dismissal claims. In essence, section 385 establishes that an employer cannot terminate an employee's employment in a way that is harsh, unjust or unreasonable. This means that employers must have a valid reason for terminating an employee's employment, and must follow a fair process in doing so. The section also provides that employees have a right to be informed of the reasons for their dismissal, and to have an opportunity to respond to those reasons before their employment is terminated. Additionally, employers must ensure that employees are provided with any notice or pay in lieu of notice that they are entitled to. Section 385 is an important tool for ensuring that employees are treated fairly and justly in the workplace. It provides a clear framework for employers to follow when making decisions about terminating employees' employment, and helps to ensure that employees are protected from unjust treatment. In summary, section 385 of the Fair Work Act 2009 is a vital piece of legislation that sets out clear guidelines for employers when it comes to terminating employees' employment. By following these guidelines, employers can ensure that their employees are treated fairly and justly, and that their rights are protected in the workplace. If you need assistance with this kind of matter, please complete the priority intake form on our website or call 1800 238 622 to arrange a teleconference with one of our advocates.

Defined benefit superannuation and cumulative superannuation are two different types of retirement savings plans. A defined benefit superannuation plan is a retirement plan where the employer guarantees a specific retirement benefit to the employee based on a formula that takes into account the employee's salary and length of service. The employer is responsible for investing the funds and managing the risks associated with the plan. On the other hand, a cumulative superannuation plan is a retirement plan where the employee contributes a portion of their salary into a retirement account, and the employer may also make contributions. The funds are invested in a range of investment options, and the final benefit is based on the amount of contributions made, the investment returns earned, and any fees or charges deducted. The key difference between the two plans is that in a defined benefit plan, the employer bears the investment risk and guarantees a specific benefit to the employee, while in a cumulative plan, the employee bears the investment risk and the final benefit is based on the accumulated contributions and investment returns.

To prove harsh, unfair or unjust dismissal in an unfair dismissal case in the Fair Work Commission, an employee needs to demonstrate that their dismissal was: 1. Harsh, unjust or unreasonable: This means that the dismissal was disproportionate to the employee's conduct or performance, or that the employer did not follow proper procedures in dismissing the employee. 2. Not consistent with the Small Business Fair Dismissal Code: If the employer is a small business, they must follow the Small Business Fair Dismissal Code, which sets out the steps that must be taken before dismissing an employee. 3. Discriminatory: If the dismissal was based on a protected attribute, such as race, gender or age, it may be considered discriminatory. 4. Adverse action: If the dismissal was taken as a result of the employee exercising their workplace rights, such as making a complaint or joining a union, it may be considered adverse action. To prove these factors, the employee will need to provide evidence and arguments to support their case, such as witness statements, emails, and performance reviews. Need more information about presenting an unfair dismissal case in the Fair Work Commission? Call 1800ADVOCATES (1800 238 622) email gethelp@1800ADVOCATES.au or text our on call service 0412ADVOCATES (0412 238 622)

Unfair Dismissal Application Lodge an unfair dismissal application with the Fair Work Commission. This involves filling out the appropriate forms and providing relevant details about the dismissal, including the reasons you believe it was unfair. The Commission will review your application and may attempt to resolve the matter through mediation or hold a hearing. Procedural Fairness Argue that you were denied procedural fairness during the dismissal process. This means demonstrating that your employer failed to follow proper procedures, such as not providing you with a valid reason for the dismissal, not giving you an opportunity to respond to allegations, or not allowing you to have a support person present during meetings. Harsh, Unjust, or Unreasonable Dismissal Claim that the dismissal was harsh, unjust, or unreasonable. Provide evidence to support your argument, such as showing that the punishment was disproportionate to the alleged misconduct, that your employer didn't consider mitigating circumstances, or that there was no valid reason for the dismissal in the first place. Discrimination or Adverse Action If you believe that the dismissal was motivated by discriminatory reasons, such as your gender, race, age, or disability, you can claim that it constitutes unlawful discrimination or adverse action. Provide evidence to support your claim and demonstrate a connection between the dismissal and the discriminatory or adverse action. Constructive Dismissal If you resigned from your position but believe that you were forced to do so because of your employer's conduct or a hostile work environment, you can argue that you were constructively dismissed. Provide evidence of the circumstances that led to your resignation, such as ongoing harassment, significant changes to your working conditions, or a breach of your employment contract. When appealing an unfair dismissal, it's important to seek advice and familiarize yourself with the specific requirements and timelines set by the Fair Work Commission. Need help? gethelp@1800ADVOCATES.au or call us on 1800 238 622.

The 48 Laws of Power is a book written by Robert Greene, which outlines strategies and tactics for gaining and maintaining power. Here are the 48 laws: 1. Never outshine the master. 2. Never put too much trust in friends; learn how to use enemies. 3. Conceal your intentions. 4. Always say less than necessary. 5. So much depends on reputation—guard it with your life. 6. Court attention at all costs. 7. Get others to do the work for you, but always take credit. 8. Make other people come to you—use bait if necessary. 9. Win through your actions, never through argument. 10. Infection: avoid the unhappy and unlucky. 11. Learn to keep people dependent on you. 12. Use selective honesty and generosity to disarm your victim. 13. When asking for help, appeal to people’s self-interest. 14. Pose as a friend, work as a spy. 15. Crush your enemy totally. 16. Use absence to increase respect and honor. 17. Keep others in suspended terror: cultivate an air of unpredictability. 18. Do not build fortresses to protect yourself—isolation is dangerous. 19. Know who you’re dealing with—do not offend the wrong person. 20. Do not commit to anyone. 21. Play a sucker to catch a sucker—seem dumber than your mark. 22. Use the surrender tactic: transform weakness into power. 23. Concentrate your forces. 24. Play the perfect courtier. 25. Re-create yourself. 26. Keep your hands clean. 27. Play on people’s need to believe to create a cult-like following. 28. Enter action with boldness. 29. Plan all the way to the end. 30. Make your accomplishments seem effortless. 31. Control the options: get others to play with the cards you deal. 32. Play to people’s fantasies. 33. Discover each man’s thumbscrew. 34. Be royal in your own fashion: act like a king to be treated like one. 35. Master the art of timing. 36. Disdain things you cannot have: ignoring them is the best revenge. 37. Create compelling spectacles. 38. Think as you like but behave like others. 39. Stir up waters to catch fish. 40. Despise the free lunch. 41. Avoid stepping into a great man’s shoes. 42. Strike the shepherd and the sheep will scatter. 43. Work on the hearts and minds of others. 44. Disarm and infuriate with the mirror effect. 45. Preach the need for change, but never reform too much at once. 46. Never appear too perfect. 47. Do not go past the mark you aimed for; in victory, learn when to stop. 48. Assume formlessness.

We all have that burning in us that wants to win friends and influence people. The 1936 Dale Carnegie self development book is one of the all time best seller books and it can be summarised as follows; 1. Show genuine interest in others: People love to talk about themselves and their interests. Ask questions and show a genuine interest in what they have to say. 2. Smile: A simple smile can go a long way in making people feel comfortable and welcomed. It also shows that you are approachable and friendly. 3. Remember people’s names: People love to hear their own name and it shows that you value and respect them as an individual. 4. Listen actively: Listen to what people are saying and respond accordingly. Avoid interrupting or talking over them. 5. Find common ground: Look for shared interests or experiences to connect with others. This can help build rapport and establish a connection. 6. Compliment others: Genuine compliments can make people feel good and appreciated. Be specific and sincere in your praise. 7. Be empathetic: Try to see things from the other person’s perspective and show empathy towards their feelings and experiences. 8. Avoid criticizing or blaming: Instead of criticizing or blaming others, focus on finding solutions and working together towards a common goal. 9. Be positive: A positive attitude can be contagious and can help create a more enjoyable and productive environment. 10. Show gratitude: Expressing gratitude and appreciation can help build strong relationships and foster a sense of community.