In the recent decision of Tamati v MQT Pty Ltd , the Fair Work Commission found that an employee’s dismissal for refusing to take an alcohol breath test was unfair because the employer’s drug and alcohol policy was unclear and had not been properly applied.
In the landmark decision of Fair Work Ombudsman v Woolworths Group Limited, the Federal Court found that set-off clauses in employment contracts will only validly discharge award entitlements if the payment under the clause occurs within the same period those entitlements are earned.
A year since many of the changes from the Closing Loopholes legislation came in effect, here are the key takeaways for employers.
Qantas has been ordered to pay the ‘largest fine in Australian industrial relations law history’ for illegally sacking 1,820 of its employees during the COVID-19 pandemic.
In a major decision, the High Court has confirmed that, when assessing redeployment, employers need to consider whether they can make changes to how they use their workforce.
The Fair Work Commission has upheld the dismissal of an unwell employee, finding that the employee failed to comply with lawful directions by being uncontactable during regular office hours and completing work off the clock.
A recent Fair Work Commission decision reaffirms the ability of employers to direct employees to undergo medical examinations and clarifies when employee refusal can amount to serious misconduct.
Under latest changes to the WHS Regulation, employers must prepare a written prevention plan addressing the risk of sexual and sex or gender-based harassment.
A recent decision involving a long-serving teacher provides a timely reminder for employers about the importance of procedural fairness and the value of appointing external investigators when investigating misconduct.
The Supreme Court recently held that an employee with 10 years of continuous service in another jurisdiction and just 18 days of service in Queensland satisfied the requirements for long service leave under Queensland’s Industrial Relations Act.
With more employees requesting flexible working arrangements, employers need to be aware of their obligations when responding to these requests.
The Federal Court recently ordered that an employer pay $350,000 compensation and $60,000 penalties for unlawfully terminating a nurse’s employment due to her race and exercise of workplace rights.