A host employer has successfully argued it should not have to defend an unfair dismissal claim from an on-hire worker, in a case demonstrating the importance of clear contracts and communication.
The Fair Work Commission has affirmed it cannot reopen a settled unfair dismissal dispute, despite an employee's complaint about non-compliance with its terms. Also in this article, new case law involving redundancy consultation, absenteeism, CCTV surveillance and underpayments; gender equality becomes law in Victoria; and more.
A Fair Work Commissioner failed to consider whether an employee's sacking for excessive absenteeism was fair in light of his medical condition, a full bench has ruled in allowing an appeal.
An employer's "abject failure" to consult with a pregnant employee prior to making her role redundant rendered its decision harsh and unjust, the Fair Work Commission has ruled.
The five-minute disciplinary meeting that preceded an employee's summary dismissal was a chance to show cause "in name only", and more akin to an "ambush", the Fair Work Commission has found.
The federal government has proposed tough new laws for companies and directors involved in underpaying workers, as supermarket giant Coles disclosed it has underpaid 600 employees by $20 million over the past six years.
Modern award amendments affecting annualised salaries are among the biggest changes to impact HR in recent years. This webcast will help you understand how the new modern award clauses are intended to operate; record-keeping and wage conciliation obligations; alternatives to the modern award provisions; and more.
An employer that offered a "beyond generous" settlement to a sacked employee has successfully argued she should pay its costs of defending her dismissal claim. Also in this article, the FWC upholds the dismissal of an employee who ignored multiple warnings about her behaviour; what's holding back tomorrow's workplace leaders; and more.
An employer that used CCTV footage as the basis for disciplinary action did not breach the worker's privacy in the process, a tribunal has found, noting he was "well aware" he was being filmed, and of how the footage might be used.
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.