The Fair Work Commission has criticised an employer for compromising some fundamental rights when conducting psychometric assessments, but ultimately ruled a worker's dismissal was fair.
Many employers are now preparing or transitioning back to workplaces, and this has given rise to questions around managing employee pushback, safety obligations and liabilities, long-term flexibility, and more. Here, an employment lawyer answers some key questions.
An employer needn't wait for a potential crisis to materialise before taking action to protect its business, the Fair Work Commission has ruled, in accepting a redundancy prompted by early COVID-19 concerns was genuine.
A tribunal full bench has criticised a judge for failing to consider the domestic abuse implications of reinstating an employee who was sacked for stalking a colleague.
The Fair Work Commission, in assessing what constitutes a stoppage of work and useful employment when standing down employees, has rejected a worker's claim that he shouldn't have been stood down because his role was still being performed.
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.
Costly legal disputes continue to highlight the many risks employers face when managing, disciplining, or dismissing employees while they are absent, injured or incapacitated. Attend this webinar for an up-to-date review of the legal framework applying to workplace absenteeism, injury and incapacity, and lessons from recent case law.
