The new 'unfair contracts' jurisdiction cannot deal with disputes about the conduct of parties to a contract, the Fair Work Commission has clarified in dismissing a home-care contractor's claim.
A dispute over whether a worker was an employee or a contractor illustrates how some of the recent Fair Work Act amendments can be particularly complex to apply in practice, a lawyer says.
Limitations on fixed-term contracts have caused employers unintended levels of anxiety, a review has found, in suggesting the Australian Government consider alternative reforms.
A worker on a fixed-term contract, who alleged she was "blocked" from completing the qualification she needed to become a permanent employee, was not dismissed and couldn't pursue an adverse action claim, a Fair Work Commission full bench has found.
The High Court has restored a $1.44 million damages award to an employee who had a "catastrophic" reaction to his misconduct dismissal, with the majority ruling that when the employer didn't follow its disciplinary policy, it breached the worker's contract.
Changing an employee's role when she returned from parental leave didn't repudiate her employment, but failing to pay her a $22k bonus breached a fundamental part of her contract and amounted to a dismissal, the Fair Work Commission has found.
It was unfair to sack an employee who refused to sign a new employment contract with higher sales targets and "unreasonable" restraint clauses, the Fair Work Commission has found in awarding him $42.5k in compensation.
An employer has a reasonably arguable case that a former employee breached his contract's confidential information and post-employment terms, the Federal Court has ruled in imposing interlocutory restraints.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
