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.
A senior employee should have known that his occasional rudeness might impact a colleague, but his behaviour didn't rise to the level of bullying, a court has ruled in awarding him $368k for wrongful dismissal.
General protections claims are the fastest-growing category of applications in the Fair Work Commission, with reforms now underway to stem the tide. This webinar will discuss important developments in both procedural issues and case law.
