Fixed-term contract restrictions have been a challenging reform to manage, but employers can take some comfort from the decisions handed down in disputes lodged so far, a workplace lawyer says in our latest Q&A.
Relying on complaints from seven years ago was "misconceived", the Fair Work Commission has ruled, in finding a worker accused of sexual misconduct should be reinstated.
Undertaking "preparatory steps" to establish a competing business while still employed will rarely be considered a breach of fiduciary and contractual obligations, a full bench of the Fair Work Commission has highlighted, in refusing an employer's unfair dismissal appeal.
When an employer told a casual employee that it wanted to "take a pause" on their working relationship, it effectively dismissed him, a full bench of the Fair Work Commission has ruled.
A casual employee whose engagements were described as "ad hoc and sporadic" had unfair dismissal protection and was sacked without a valid reason, the Fair Work Commission has ruled.
A Fair Work Commission full bench has clarified when the end of a fixed-term contract might constitute a dismissal, finding that a conditional "promise" of ongoing employment wasn't a contractually binding offer.
The Fair Work Commission has rejected arguments that it wasn't appropriate or fair to make 'same job, same pay' orders for more than 2,000 workers, in a major ruling on the provisions that will add about $66 million to the affected employers' wages bills.
The 'same job, same pay' test case ruling handed down by a full bench of the Fair Work Commission suggests the provisions extend beyond their intended scope, according to industry leaders.
It's never been more important to reduce risks and inefficiencies in contingent workforce management, but the path to a streamlined, integrated approach isn't often a smooth one, experts warn.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
