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.
An employer has to compensate an employee for a workplace-bullying-related psychological injury, after it failed to prove it had a reasonably arguable case to dispute her claim.
'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.
The Fair Work Commission has accepted an employer's claim that its procedural failures when dismissing an underperforming manager didn't matter to the usual degree, because he had completed the minimum employment period only 11 hours earlier.
An employee who was "coasting along" under a remote manager has successfully challenged his dismissal, on the basis he was never properly warned that his performance wasn't up to scratch.
On the diverse spectrum of workplace changes employers are now making, the "most interesting" involve pilot programs and careful measuring to ensure they'll have lasting success, a workplace strategist says.
A manager should have better controlled his "easily triggered" temper, the Fair Work Commission has said in upholding his dismissal for verbally abusing a female colleague.
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.
An employee's opportunity to respond before he was sacked for serious misconduct was too "narrow in scope", an FWC full bench has ruled, while nonetheless upholding the dismissal as fair.
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.
