Topics: Workplace relations and safety

In a major decision regarding the application of the public holiday provisions of the Fair Work Act, the Full Federal Court has found that terms of employment that require employees to work on a public holiday will not be consistent with the National Employment Standards. This is the case even in circumstances where an employer’s operations are conducted over 365 days per year and an employee’s remuneration includes compensation for the requirement to work on those days.

In a recent decision, the Fair Work Commission has ruled that payments made on an annual basis by an employer to help reduce an employee’s fringe benefits tax liability are not counted as earnings. The decision resulted in the employee’s remuneration falling below the high-income cap and meant that it was open to the employee to pursue an unfair dismissal claim.

The Federal Court has reprimanded a meat wholesaler after compelling a foreign employee to work 50-hour weeks without the payment of overtime.

The Fair Work Commission has delivered an emphatic warning to employers who organise rosters on digital platforms, finding that the removal of an employee from a WhatsApp group and the withholding of their shifts can constitute dismissal.

The Federal Court has provided a timely wake up call to employers who provide payments in lieu of notice after termination of employment, finding that such practice is unlawful and could subject employers to significant pecuniary penalties.

The Fair Work Commission has recently denied an employee’s application for stop bullying orders where the alleged bullying occurred on Facebook and was not directly connected to the work the employee was expected to perform.