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.
Despite an agreement not to pay out a worker's entitlements between the end of one contract and the start of another, his continuous service was "broken" during this four-day period, the Fair Work Commission has found.
A decision that found an employee was dismissed when her fixed-term contract was allowed to "meander to its conclusion" highlights the need for employers to "exercise caution" in this area, a lawyer stresses.
'Same job, same pay' claims have been driving wage gains at a level far greater than government forecasts, according to a new report, but a labour hire authority questions the merit of its "broad conclusions".
In one of the first tests of the Fair Work Act's fixed-term contract restrictions, the Fair Work Commission has found a senior HRBP's third contract was for a substantially different role and therefore didn't breach the provisions.
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.
