Changing business structures are 'fissuring' workplaces, effectively breaking employment relationships to workers' detriment, according to an international labour market expert.
A union has launched a class action on behalf of long-term casuals, seeking annual leave entitlements estimated at $12 million. Also in this article: discrimination accounts for a growing proportion of reasons behind the gender pay gap.
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'.
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.
