Most of employers' early confusion surrounding JobKeeper has been resolved, but recent rulings indicate a lack of understanding about what constitutes fairness during restructuring and workplace changes, an employment lawyer says.
A JobKeeper-enabling stand down that applied only to one worker, who had recently requested to work only from home, was unfair, the Fair Work Commission has found.
An employee accused of spreading rumours about her boss has successfully argued she was constructively dismissed following a "humiliating" investigation process.
A spike in employee disputes in the coming months is "inevitable", but a specialist says many are avoidable if employers use proactive mediation before deciding on workplace changes.
An employee's bid for interim orders restraining her employer from disciplining or dismissing her until her stop-bullying application is finalised has been rejected on appeal.
An employer that required workers to turn up early for their shifts without payment and to "volunteer" for overtime has been fined $65k, with a tribunal describing its Fair Work Act breaches as brazen and reckless.
An HR manager has failed to argue that mentioning potential redundancies during a toolbox meeting satisfied consultation requirements. Also in this article: new misconduct and discrimination cases; proposals to extend parental leave; and more.
The Fair Work Commission has awarded redundancy pay to an employee whose role was terminated while he was on sick leave, finding an HR consultant's communication with him was confusing, "unnecessarily aggressive" and unreasonable.
A worker who was dismissed when pandemic restrictions forced her employer to close, but then was rehired under JobKeeper, has failed to convince the Fair Work Commission her employment tenure was unbroken.
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.
