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.
Some risk is unavoidable when engaging contingent workers, but certain steps can go a long way towards preventing regulator scrutiny and entitlement claims, a lawyer says.
A casual worker has won compensation for unfair dismissal, with the Fair Work Commission noting that, given her years of loyal service, "she deserved better than an immediate dismissal communicated through a coworker".
The involvement of dedicated HR specialists had an "adverse" impact on the procedures an employer followed when sacking a worker, and warranted an order for maximum compensation, the Fair Work Commission has ruled.
Despite concerns about her "seriously disrespectful" conduct, an employer has lost a dispute about converting an employee to a permanent role, with the Fair Work Commission finding it backed out of "unequivocal" commitments.
