The Fair Work Commission has held that the dismissal of an employee for providing false and misleading information during the recruitment process was not unfair, despite procedural failings by the ...
The Fair Work Commission has held that the dismissal of an employee for providing false and misleading information during the recruitment process was not unfair, despite procedural failings by the employer.
While the Victorian Court of Appeal rejected a worker’s claim of direct discrimination, a finding of indirect discrimination by the Victorian Civil and Administrative Tribunal remains.
On 25 September 2018 the Full Bench of the Fair Work Commission handed down a Flexible Work Decision that proposes to insert a model work flexibility clause that will supplement the current legislation and likely expand an employer’s obligations when considering requests for flexible working arrangements.
Jobs and Industrial Relations Minister, Kelly O’Dwyer, will intervene in a Federal Court ‘test case’ about casuals. This announcement follows increasingly vocal concerns from employers that workers will be able to ‘double dip’ on their entitlements.
Changes have been made to the Horticulture Award 2010, Pastoral Award 2010 and Poultry Processing Award 2010 which came into effect on 1 October 2018.
The recent decision of the Full Federal Court that has wide-ranging implications for the employment of casual employees across Australia has not been appealed by the employer.
On 27 July 2018, the Fair Work Commission issued a series of determinations inserting a clause providing for five days of unpaid domestic and family violence into all modern awards as of 1 August 2018. The government has also committed to introducing legislation as soon as possible to amend the
In a rare win for employers, the Fair Work Commission has recently taken the unusual step of ordering indemnity costs against a manager accused of HR breaches, finding she kept pressing a ‘doomed to fail’ unfair dismissal application in a bid to inflict maximum harm.
The Full Bench of the Fair Work Commission (FWC) has determined that periods of ‘contiguous’ casual service are not to be counted as ‘continuous service’ when calculating permanent employees’ entitlements to redundancy pay, distinguishing a previous Full Bench decision.
Earlier this year, the Fair Work Commission handed down a decision about the scope of the Miscellaneous Award, which, arguably, broadens its coverage.
Sexual harassment remains an important point of discussion in our workplaces. The #MeToo campaign continues and the Australian Human Rights Commission will be conducting the year-long National Inquiry into Sexual Harassment in Australian Workplaces. We continue to see cases from the relevant courts and tribunals set out clear expectations in
Whether you are dealing with issues of poor performance, bad behaviour or employee misconduct, it is important that as an employer, you protect yourself against unfair dismissal claims by following the correct processes when dismissing employees.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
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