Removing a casual worker from a group chat and reassigning her "regular" shifts to other employees didn't constitute a dismissal, the Fair Work Commission has found.
It was "disingenuous" of an employer to claim it didn't dismiss a casual worker, after it removed her from an assignment due to misconduct allegations, then made no attempt to give her further shifts, the Fair Work Commission has ruled.
The new definition of 'employee' in the Fair Work Act will likely result in an increasing number of claims by individuals "effectively testing the multifactorial test again", according to a workplace lawyer.
The latest Closing Loopholes' legislation contains "significant changes around casual employees", an employment lawyer says in setting out how to comply.
As the employment law landscape continues to shift, HR faces a raft of new compliance issues. Watch this HR Daily Premium webcast to prepare yourself for the year ahead.
In a Senate inquiry report, Labor and the Greens have expressed their support for the Closing Loopholes No. 2 Bill, subject to adding a new 'right to disconnect', and further casual and gig work amendments. But Coalition members say the Bill will be a "jobs killer".
The Federal Government is set to legislate a new 'right to disconnect' for employees, but details of how this might be implemented are yet to be revealed.
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.
