Industrial relations, disputes & unions | Page 14 (568 items)

A "fundamentally unreasonable" misconduct investigation has revealed an employer's culture as "one where management protects itself by finding scapegoats to appease complaint or criticism", according to the Fair Work Commission.

A worker has failed to prove he was entitled to employee benefits for the seven years he performed duties for an organisation, after the Federal Circuit Court found the parties' arrangements indicated he was a contractor.

The upcoming review of casual conversion rights presents an opportunity to "streamline" the process and address its "monstrous administrative burden", an employee relations specialist says.

Employers alone can't respond to the shift in what employees now want from work, and meeting expectations will require legislators to step in, a briefing heard this week.

The Fair Work Commission has made recommendations – but stopped short of orders – after an employee lodged a dispute about his right to convert from casual to permanent employment.

Australia's "far too complicated" industrial relations system requires numerous changes to afford both employers and employees more flexibility, an employer group says.

Unions are now targeting paid breaks in court actions, and employers are at risk of overlooking this area of compliance, says former Fair Work Ombudsman Natalie James.

Many organisations will take comfort in the High Court's finding that written agreements are the determining factor in whether a worker is an employee or contractor, but this doesn't mean they can become complacent, a lawyer warns.

It was "impossible to conclude" that a worker was a contractor rather than an employee, the High Court has found in one of two rulings with important ramifications for all employers.

Two High Court rulings have emphasised the importance of contractual rights and obligations when determining whether a worker is an employee or independent contractor.