Representation & Compliance
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.
IR Reform: Redefining and Redesigning
The Morrison Government proposed the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (Cth) (the ‘Bill’) in parliament this week. The Bill comes after the Minister of Industrial Relations, Christian Porter, conducted a review into Australia’s industrial relations system, with discussions in working groups comprising business groups, unions, and the government.
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.