A 72-year-old worker denied casual conversion wasn't "the victim of a complex conspiracy", the Federal Circuit Court has ruled, in dismissing his general protections claim.
Conciliation conferences have become less about hearing both sides of a dispute and much more focused on offers, so amendments designed to reduce the Fair Work Commission's workload should also be positive for employers, a workplace lawyer says.
The Fair Work Commission has allowed a general protections dismissal claim to proceed against an organisation, despite it not directly employing the worker who alleges she was sacked at its direction.
An employer is reporting higher engagement and lower attrition risks among its workforce, following a technology transformation that increased the visibility of work in its pipeline.
After assuring an HR practitioner that her continuity of service wouldn't be broken when she transitioned from permanent to casual, an employer has nonetheless defeated her subsequent unfair dismissal claim by relying on an 11-day gap between her contracts.
A major review has largely rejected arguments that the Closing Loopholes reforms have had "unintended consequences" for employers, however it recommends that clearer guidance should be developed as a priority, to reduce uncertainty and complexity.
Reducing a casual employee's shifts amounted to a dismissal, and denying her an opportunity to respond to the decision rendered it harsh, unjust and unreasonable, the Fair Work Commission has found.
What defines a contingent worker remains "as clear as mud", according to a lawyer, who says employers must nonetheless step up their compliance efforts in line with increasing regulator activity.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
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