The 'work status' test is a core failing of the current IR system and must be updated in the Fair Work Act, an inquiry into the on-demand workforce recommends.
A casual employee whose shifts were cancelled has failed to claim he was unfairly dismissed, with the Fair Work Commission ruling his employment ended after a "breakdown in communication".
The Fair Work Commission has rejected arguments that an employer's JobKeeper-enabling direction was unreasonable because it disproportionately affected permanent workers. It also required some casuals receiving JobKeeper to work more hours.
The ABC is backpaying $12 million plus a $600k contrition payment after underpaying nearly 2,000 employees. Also in this article, ACCC allegations against a workplace advisor; minimum wages rise; and more.
WorkPac is applying to appeal a ruling that has major implications for all employers of casual workers. Also in this article: how employers have upped the ante on wellbeing, concerns about mental heath support, new 'wage theft' laws, and more.
Impacts of the Rossato v WorkPac case are likely to include both a loss of flexibility for employers if more casuals convert to permanency, and also a rise in the irregularity and unpredictability of work for those who don't, experts say.
The regulation introduced to protect employers from 'double-dipping' claims has "absolutely no utility" as a result of the Rossato v WorkPac ruling, an employment lawyer says.
An employer has failed in its high-profile challenge against a worker who claimed he was wrongly classified as a casual and should have received permanent employee entitlements.
The Fair Work Commission has rejected that an employee should be classified as part-time and eligible for JobKeeper because her employer intended to offer her a permanent role. Also in this article: an employer won't be able to make an employee's role redundant despite COVID-19 until after her discrimination claim is decided; whistleblower compliance risks falling by the wayside during the pandemic; and why more start-ups are engaging HR professionals.
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.
