An employer's attempt to defend an unfair dismissal claim on the grounds an employee was a contractor has backfired, with the FWC finding "a clear case of sham contracting", and ordering further investigation into staff with similar arrangements.
An employee who spread 16 weeks of maternity leave pay over 32 weeks has failed to convince a court that the extra 16 weeks should also count towards her service. Also in this article: recent dismissal rulings; Australia and New Zealand's best employers; and why gig workers have better mental health than the rest of the working population.
A letter written to help an employee obtain a loan did not change the casual nature of his engagement, even though it resembled an offer of employment, the Federal Court has found.
An employer has convinced a Fair Work Commission full bench that a Commissioner who "expressed strong views" on an employee's unfair dismissal claim had not afforded it procedural fairness before deciding in her favour.
In a novel enforceable undertaking agreed with the Fair Work Ombudsman, the celebrity chef who heads up a restaurant group that underpaid workers will have to educate fellow industry leaders about the importance of compliance.
In two new rulings, the Fair Work Commission has shed light on when a casual will be considered to have completed the minimum employment period to gain unfair dismissal rights; and has rejected an Uber driver's claim that he was an employee.
There remains much uncertainty and confusion around casual entitlements, but employers can take some basic steps to limit their exposure to 'double dipping'.
Never has there been so much complexity and confusion around the legalities of engaging casual, contingent and labour hire workers. This webcast sheds light on recent legislative developments; practical considerations and steps for HR; and more.
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
