Employment
Case Update: Employee compensated $200,000 after being dismissed for sharing a Hitler meme
We previously wrote about the decision of the Full Bench of the Fair Work Commission in the case of Scott Tracey v BP Refinery (Kwinana) Pty Ltd [2020] FWCFB 820. This case involved a Western Australia BP employee, Mr Tracey, who was dismissed with payment in lieu of notice after sharing a meme video of …
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Introduction of Paid Pandemic Leave
In response to the COVID-19 pandemic the Fair Work Commission (Commission) introduced unpaid pandemic leave into 99 Modern Awards, to protect workers required to self-isolate as a result of being exposed to, or being infected with, COVID-19. The Commission has now introduced paid pandemic leave in response to the second-wave of infections in Victoria. What …
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Consultation requirement in the redundancy process
Prior consultation of employees is one of the requirements for a redundancy to be genuine under section 389 of the Fair Work Act 2009 (Cth) (Fair Work Act). This section requires, among other things, employers to comply with any consultation obligation found in a Modern Award or Enterprise Agreement. Who do employers need to consult? …
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Changes to the Miscellaneous Award
The Fair Work Commission have made changes, in effect from 1 July 2020, to the Miscellaneous Award 2020 to cover a broader range of workers, including many that previously would not have been covered by any Modern Award. In making this decision, the Fair Work Commission re-emphasised the importance of employers carefully considering award coverage …
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What information can you request from your employees in relation to COVID-19?
In a recent case Kieran Knight v One Key Resources (Mining) Pty Ltd T/A One Key Resources [2020] FWC 3324 (29 June 2020) (Knight Case), the Fair Work Commission (Commission) found that it is lawful for an employer to requesting certain information from employees to determine any workplace risk created by COVID-19. This may seem …
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FWO Focuses on Hospitality Underpayment & Compliance Obligations
On 13 July 2020, Sandra Parker, the current Fair Work Ombudsman (FWO), announced the main strategic priorities for the 2020/2021 Financial Year are to address corporate underpayments and assist workplaces through the Covid-19 pandemic. The priority to address underpayment of employees will focus on several specified industries, including the hospitality industry. This might seem harsh …
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Workplace Meme Culture: Satire Not Grounds for Dismissal says FWC
The internet has been an area of controversy in employment law for a number of years. Many late-night rants and political outbursts have been the subject of unfair dismissal proceedings. What we post on social media can easily be viewed by our employers. It often has a direct bearing on our employment when content is …
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Doors open to casual worker leave entitlements following landmark court ruling
Recently, the Federal Court handed down its highly-anticipated employment decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84. The decision concerned an employee of the labour-hire company known as WorkPac. The employee had been employed by WorkPac through a number of consecutive casual employment agreements for mining projects in Queensland. The employee entered into …
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Fair Work implements additional measures to protect Modern Awards in light of COVID-19
The Full Bench of the Fair Work Commission (FWC) have determined by hearing on 8 April 2020 to amend modern awards to accommodate for the COVID-19 pandemic. This comes following the provisional views of the FWC released at the start of the month detailing their views on the impact of COVID-19 on employment arrangements. What …
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Five new powers of employers
The five new powers of employers Employers who qualify for the JobKeeper Scheme (a JobKeeper employer) now have the ability to take certain actions when their employees cannot be usefully employed due to COVID-19. This includes: standing down employees; reducing employees’ hours of work; directing employees to undertake certain duties, which may differ from their …
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