Behaviour & Performance
Are your casuals regular & systematic? If so, they may have unfair dismissal rights!
Employers need to mindful that the requirement for casual employment to be regular and systematic does not require a regular pattern of engagement in relation to the number of days each week, days of the week and duration of shifts. It is the engagement that must be regular and systematic, and not the hours worked pursuant to the engagement.
Caution for Employers: Employee able to have cake & eat it too!
The Federal Court of Australia has issued a decision granting an employee redundancy pay after moving from full-time to part-time employment. Employers must obtain clear and unequivocal consent from an employee, prior to assuming that a redeployment opportunity suffices for the purpose of there not being an entitlement to redundancy pay.
Wage theft, we have not forgotten about you!
While the employment landscape has largely been focused on dealing with the challenges associated with COVID-19, State Governments have made it clear that wage theft has not gone unnoticed. Now more than ever, with criminal legislation being implemented, it is vital that employers get it right.
Don’t let Procedural Fairness let you down!
Regardless of how clear the outcome may appear, the need for employers to follow due processes when making a decision to dismiss an employee, is paramount. Failure to do so may expose your organisation to an unfair dismissal matter. These three recent cases highlight the importance of following procedural fairness.
JobKeeper modified & extended for 6 months
On 21 July 2020 the Morrison Government announced a 6 month extension to the JobKeeper payment scheme for businesses that continue to be significantly impacted by COVID-19. From 28 September 2020 a modified two tier JobKeeper scheme will be available for eligible businesses (including self employed and not-for-profits). This scheme will continue until 28 March 2021. Find out more and if you're eligible here.