An employer that required workers to turn up early for their shifts without payment and to "volunteer" for overtime has been fined $65k, with a tribunal describing its Fair Work Act breaches as brazen and reckless.
Allowing employees to take 10 days' personal leave per year regardless of how many hours they work would give rise to "absurd and inequitable outcomes", the High Court has ruled in overturning the landmark Mondelez decision.
BHP has defended a union's challenge to its in-house labour hire model; and the Federal Court has criticised traditional contractor tests for producing "ambiguity, inconsistency and contradiction".
A Federal Court full bench has labelled a senior employee's "romantic" pursuit of a colleague as "conduct of the most reprehensible kind", in dismissing his appeal against a $170k damages order.
A senior manager's unfair dismissal claim can proceed after a COVID-19 salary reduction put her below the high-income threshold, the Fair Work Commission has ruled. Also in this article: amended JobKeeper directions prioritise full-time workers; in-house labour hire EAs blocked; and more.
In this redundancy update, an employer has to pay redundancy entitlements after reduced an employee's hours; an employee is denied relief after he "effectively sat on his hands" during the redeployment process; and two employers lose their applications to reduce redundancy payouts.
The High Court has begun hearing an appeal over how much personal leave employees working non-standard shifts are entitled to. Also in this article: a roundup of dismissal rulings and JobKeeper disputes; extensions to COVID-19 award changes; and more.
Two employers have failed to convince a Federal Court full bench that employees weren't entitled to redundancy pay because their dismissals were due to "ordinary" turnover of labour following a contract loss.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
