In a significant decision, an employee has failed to convince the High Court that his employer breached its enterprise agreement when disciplining and then dismissing him for exercising his intellectual freedom.
An employer followed its enterprise agreement "unconsciously rather than deliberately" in deciding whether to make a role redundant, but its decision was nonetheless valid, the Federal Court has ruled.
An employee's intellectual freedom rights trumped his employer's code of conduct requirement to treat others with sensitivity, a full Federal Court has ruled in upholding his appeal.
Coles has been accused of giving a "poor excuse" for underpaying its workers. Also in this article, the FWC has expressed provisional views on whether gig workers should have their own modern award.
Employment contracts can work in harmony with modern awards and enterprise agreements if employers are careful not to make industrial instruments contractually binding, a lawyer says.
Employers are "mourning" the IR omnibus Bill's ill-fated enterprise bargaining changes, but there are plenty of other developments in this space to watch and prepare for, an employment lawyer says.
A new enterprise agreement that proposes giving employees the right to disconnect from work is far from groundbreaking, but employers should "absolutely" expect to face more demands along these lines, a lawyer says.
The Fair Work Commission has rejected that an employee was targeted for redundancy because of his workplace safety activities, finding his evidence "inconceivable", "speculative" and "weak".
Some employers have successfully stepped up to the task of managing psychosocial safety, but in many other workplaces, initiatives are falling flat. Join us for an HR Daily webinar to understand what's holding back progress in this critical space and how to move forward.
