Posts Tagged ‘unfair dismissal’
To mask or not to mask? Employer succeeds in defending mandatory mask requirement
In a recent case before the Fair Work Commission, a flight attendant’s employment came to an end due to her refusal to wear a face mask. The case of Watson v National Jet Systems Ltd [2021] FWC 6182 holds useful lessons for employers implementing mandatory mask wearing policies in response to the risks of the…
Read MoreTerminating casual employees: a euphemism-free zone
Over the last few years casual employment has received significant attention, first because of two major court cases which challenged the notion of what it means to be a casual, and then because of Parliament’s efforts to mitigate the effect of these court cases on the status quo. These court cases, and indeed the legislation,…
Read MoreElon Musk runs afoul of protections for union employees
The CEO of Tesla may seem to live in a different world from the rest of us – rockets, driverless cars and all – but it sometimes helps to be reminded that even the likes of Elon Musk are not free from the IR issues that all businesses must navigate. This was illustrated by a…
Read MoreWorkplace Investigations Masterclass
So you need to look into the conduct of an employee, but don’t know where to start. The ability to carry out an effective workplace investigation is fast becoming an essential skill for any business owner, manager, or HR professional. The Fair Work Commission is losing patience over defective investigations, and they are now becoming…
Read MoreThe $5.2 million question: employer hit with record adverse action order
The Federal Court has handed down what may well be the largest payout ever in an adverse action claim under the Fair Work Act 2009 (Cth) (FW Act), finding that a senior employee was dismissed for making complaints about bullying. Importantly, the case demonstrates the power of the reverse onus of proof in adverse action…
Read MoreCOVID 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 More“Hopelessly cavalier”: Fair Work Commission cracks down on discriminatory redundancies
The Fair Work Commission has taken aim at a family-owned retail business and a financial services firm, both of whom restructured their operations after they were notified that two respective employees had fallen pregnant. In a rare consent arbitration, Compuworld was found to have breached the workplace rights of a full-time Receptionist after she requested time off…
Read MoreCasuals and Jobkeeper: casual absenteeism and disciplinary processes
Although reasonably new (and still changing), the JobKeeper program has, so far, had a mixed effect on businesses. Whilst some employers have embraced it wholeheartedly others, especially those with a workforce comprised largely of casual employees usually earning less than $1,500 a fortnight, have been more hesitant to undertake the significant cost increase to meet…
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 MoreThe essential guide to redundancy
In the current economic climate, it is critical for businesses to constantly identify opportunities to improve efficiency and reduce expenditure. While the prospect of redundancies is certainly not pleasant, they are often times unavoidable. Alongside the factors that necessitate a redundancy in the first place, it is also important for businesses to understand the many…
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