A dismissal meeting that "blindsided" an employee accused of misconduct while on annual leave "should never have occurred in the way it did", the Fair Work Commission has chided.
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.
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.
An employee's dishonesty during an investigation into his out-of-hours misconduct made his dismissal fair, while a colleague sacked over the same incident won reinstatement. Also in this article: a roundup of recent dismissal rulings.
'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.
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.
Employee resignations are on the rise, and so are disputes about whether they are genuine, or constructive dismissals. This Q&A discusses protective and preventative steps employers can take.
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.
