The High Court has refused to hear an employer's redundancy-exception appeal, while unions are calling for the "loophole" to be closed. Also in this article, government guides for mentally healthier workplaces; new research on underpayments; and more.
The casuals provisions in the IR omnibus bill would completely remove the uncertainty employers now face around casual employment and their potential for double-dipping claims, an employment lawyer says.
Enterprise bargaining changes in the IR omnibus bill will help ensure the BOOT is applied in the way legislation initially intended, helping more enterprise agreements get approval more quickly, an employment lawyer says.
'Part-time flex' employment is being proposed in this week's IR omnibus bill, while other newly announced measures include a criminal offence of wage theft, and extending pandemic-related flexibilities.
Details of the imminent IR legislation have now been revealed, including a statutory definition of casual work, a fix for double-dipping claims and expanded casual conversion rights.
Making employment laws fit for purpose will require much more than "tweaks", and already there appears to be a lost opportunity for input beyond the "usual suspects" with entrenched views, an IR heavyweight says.
HR's challenges around remote and flexible working will continue to develop in 2021, while compliance is an area that "will come back with a vengeance", an employment lawyer says.
A redeployment offer that added nearly two hours to an employee's daily commute was reasonable, the Fair Work Commission has ruled in reducing his redundancy pay. Also in this article: a roundup of recent dismissal cases; and other compliance developments.
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.
