Posts Tagged ‘fair work commission’
The Pink Folder – Senior Employees and their duties of trust and confidence (3 Tips for Employers)
Senior employees are often in a position of trust with their employers, to the extent they may owe an implied common law duty of fidelity to their employer, irrespective of the terms of their employment contract. This duty is often implied as a result of a senior employee’s access to confidential information, their knowledge of…
Read MoreTop 3 tips to manage workplace rumours and gossip (and save a $40K payout)
A recent decision of the Fair Work Commission has resulted in an employee being awarded the maximum compensation of 26 weeks pay (a little over $40,000) after it was held she was constructively dismissed. The constructive dismissal arose after the employer accused the employee of spreading malicious rumours in front of the entire workplace. In…
Read MoreHow we can help? Ensuring Redundancies are ‘Genuine Redundancies’
Unfair Dismissal Applications – When an employee alleges their termination of employment was harsh, unjust or unreasonable, the Fair Work Commission (the FWC) is required to consider a number of preliminary matters[1] including whether the employee was a person protected from unfair dismissal. One of these matters is whether the employee’s dismissal was a case…
Read MoreWhat can Business expect from the IR Roundtable? 4 Reforms potentially on the table
In recent times we have had a number of unique and challenging decisions come out of the Fair Work Commission – Skene and Rossato come to mind. We have also had a pandemic which has led to a number of changes to Modern Awards, directions and stand downs. New challenges have been forced on organisations…
Read MoreReducing Redundancy Entitlements? – 3 factors to consider
As we step through the long standing effects of COVID-19, JobKeeper starts to dissipate in time and Employers look to restructure their business in response to less demand or increased efficiencies redundancies will be a very usual occurrence. How can Employers reduce their redundancy entitlement payments? Here are 3 factors to consider……… Factor 1 –…
Read MoreAnother “Casual Worker” Awarded Payout for Leave Entitlements – The Federal Court upholds the principles of WorkPac v Skene Case – What does this mean for Employers?
Back in August 2018, the now infamous Workpac v Skene case (Skene) dropped a bombshell on the widely held understanding of what it means to be a casual employee – that is, you get paid more money (casual loading) in exchange for certain entitlements afforded to your permanently employed compadres. The Federal Court of Australia…
Read MoreQantas Stand Downs – Can Qantas refuse to pay “sick leave’ during stand down due to COVID-19?
The Federal Circuit Court have decided – “YES” Qantas are not obliged to pay sick leave (personal/carers leave) if an employee on lawful stand down. WHY? Qantas held the position it had lawfully stood down the employees and was subsequently not required to pay personal/carers leave as the employees were not entitled to take leave…
Read MoreDesperate Times Do Not Call for Desperate Measures (a COVID-19 Decision by the Fair Work Commission)
The Fair Work Commission’s early COVID-19 decision is a stark reminder for employers to meet their consultation obligations. Keywords: COVID-19, Coronavirus, Consultation, Fair Work Commission, Redundancy, Employee Termination, Termination of Employment, Consultation. COVID-19 has wreaked havoc on industry around the globe. Undoubtedly, businesses will still be feeling the effects for years to come – but…
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