Posts Tagged ‘FWC’
COVID Controversy: Obtaining pandemic-relevant information from employees
As businesses navigate the challenges of ensuring the health and safety of their customers and employees during the COVID-19 pandemic, they must be careful to avoid infringing upon the privacy of their employees. A recent decision in the Fair Work Commission is useful for understanding what information an employer can request of its employees, as…
Read MoreFWC finds the limits to JobKeeper stand downs
The Fair Work Commission has, for the first time in the short life of the JobKeeper jurisdiction, tested exactly how far a JobKeeper stand down direction can go in reducing an employee’s hours. In a decision handed down earlier this week, Deputy President Peter Anderson determined that the employer had gone too far in reducing…
Read MoreFair Work Commission hands down first COVID-19 related redundancy pay decisions
The Fair Work Commission has set the benchmark for employers seeking to reduce the amount of redundancy pay payable to employees who were made redundant due to a downturn in business as a result of COVID-19. Earlier this month, the FWC heard an application from Mason Architectural Joinery Pty Ltd, a small joinery and cabinet making business…
Read MoreFair Work Commission proceedings: Head in the sand, or head in the game?
Receiving notice of any legal proceedings is enough to make the blood run cold of most business owners and HR professionals. For many, the process of defending such an application can be time consuming and emotionally taxing. While much work has been done to simplify and streamline Fair Work Commission processes, employers often find complying…
Read MoreIf an employee gets high can we say goodbye? Not necessarily, says the FWC
Employers often spruik their ‘zero tolerance’ drug and alcohol policies when trumpeting their safety and workplace processes and cultures. However, the Fair Work Commission has also been promoting a ‘zero tolerance’ approach of its own towards unfair dismissals. In a recent decision by Deputy President Sams, a former employee of Sydney Trains has been reinstated…
Read MoreDefective workplace investigations
Fair Work Commission losing patience over defective workplace investigations By Lucy Harper and Calum Woods, NRA Legal Please note, this decision was quashed by the Full Bench of the Commission on 11 November 2019. The Full Bench found that the Commissioner did not take into account Ms Murphy’s history of domestic violence and associated psychological injuries when…
Read MoreDrinks after work: from legless to jobless
When getting legless can lead to being jobless: lessons learned from after-work drinks By Thomas Parer and Lindsay Carroll, NRA Legal Employers and employees are starting to realise that grabbing some casual drinks after work could leave them with bigger consequences than just a hangover. In the recent decision, the Full Bench of the Fair…
Read MoreWorkplace bullying costs business
Since its introduction in 2013, the Fair Work Commission’s anti-bullying jurisdiction has attracted its fair share of commentary. Of the 700 anti-bullying applications filed last year, a total of 53 proceeded to a formal hearing, and of those only 8 resulted in an order to stop bullying being issued. This means that the success rate…
Read MoreWriting’s on the wall for outdated employment contracts
Playing musical chairs with an employment contract can be risky business. This usually happens when an employee doesn’t return a signed contract when starting a new job, and their employer allows them to work regardless. Other times an employee will change into a different role, but their existing contract remains in place. While these situations…
Read More