Disputes so far about the application of fixed-term contract limits haven't yet resolved all the grey areas in the legislation, a workplace lawyer says.
The importance of complying with a direction didn't justify the "obstinate rejection" of an employee's explanations for not doing so, the Fair Work Commission has found in ordering her reinstatement.
A labour hire worker has been blocked from pursuing a general protections claim against two purported employers, with the Fair Work Commission accepting that neither terminated his employment.
Fixed-term contract restrictions have been a challenging reform to manage, but employers can take some comfort from the decisions handed down in disputes lodged so far, a workplace lawyer says in our latest Q&A.
Relying on complaints from seven years ago was "misconceived", the Fair Work Commission has ruled, in finding a worker accused of sexual misconduct should be reinstated.
Undertaking "preparatory steps" to establish a competing business while still employed will rarely be considered a breach of fiduciary and contractual obligations, a full bench of the Fair Work Commission has highlighted, in refusing an employer's unfair dismissal appeal.
When an employer told a casual employee that it wanted to "take a pause" on their working relationship, it effectively dismissed him, a full bench of the Fair Work Commission has ruled.
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.
All employers should consider putting in place a workplace s-xual harassment prevention plan, even though such plans are only expressly prescribed in one jurisdiction, according to a risk management expert.
Recent events have shone a spotlight on whistleblowing, placing employers firmly on notice that their response to a protected disclosure could be subject to intense scrutiny. Watch this webcast to understand the role HR plays in this challenging space.
