A Fair Work Commission full bench has rejected another jurisdictional challenge by Qantas regarding a JobKeeper underpayment dispute. Meanwhile the Commission has reduced an employer's redundancy obligation to nil, accepting it had no capacity to pay.
Impacts of the Rossato v WorkPac case are likely to include both a loss of flexibility for employers if more casuals convert to permanency, and also a rise in the irregularity and unpredictability of work for those who don't, experts say.
A part-time employee who refused to use some of her annual leave while receiving JobKeeper payments has received little sympathy from the Fair Work Commission. Meanwhile, the Federal Court has ruled that employees are not entitled to paid personal leave during stand downs.
An employee was sacked because his poor performance exposed his employer to an "unacceptable level of risk", the Federal Circuit Court has ruled in rejecting his adverse action claim.
An employee who was unfairly dismissed for refusing to use his employer's fingerprint scanners has convinced the Fair Work Commission to reconsider his request for reinstatement.
The Fair Work Commission has ruled it does have jurisdiction to deal with JobKeeper underpayment disputes, in rejecting an attempt by Qantas to throw out an employee's claim.
It was unreasonable for an employee to require a formal plan to understand how she could meet her employer's performance expectations, the Fair Work Commission has ruled in rejecting her unfair dismissal claim.
An industrial relations specialist has been ordered to pay an employer's costs of defending an unfair dismissal claim, with the Fair Work Commission describing its actions as "reckless", costly and "highly prejudicial".
Qantas is facing a claim from a former employee over discrimination and harassment going back 30 years, and has failed in its attempt to block media access to the allegations.
Many employers have hit pause on disciplinary processes in light of disruptions caused by COVID-19, and procedural fairness will be critical as these recommence, says a workplace lawyer.
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.
