The Fair Work Commission (FWC) has rejected a claim for unfair dismissal despite criticizing the employer’s dismissal process as “bereft of procedural fairness”.
The ES office and advice line will be closed from 5pm, Wednesday, 23 December 2020 until 9.00am, Monday, 4 January 2021.Continue reading “Employer Services Operating Hours for Holiday Period”
With Christmas fast approaching, most employers would have already noticed that Queensland will observe an additional public holiday for Boxing Day this year. With 26 December falling on a Saturday, the Holidays Act 1983 – which governs the setting of public holidays in Queensland – specifies that an additional public holiday will be observed for Boxing Day on Monday, 28 December 2020. This means, in Queensland, BOTH dates of 26 December 2020 and 28 December 2020 will be recognised public holidays for Boxing Day. The typical benefits of public holidays subsequently apply to BOTH dates, not one date or the other.Continue reading “REMINDER: Additional Public Holidays applicable in Queensland this Festive Season”
On 9 December, IR Minister, Christian Porter, introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Bill) to Parliament. Among other aspects, the Bill seeks to provide a definition of casual employment with the intent of reducing “ongoing confusion about the legal status of casual employment” which the Minister claims is currently stifling the hiring decisions of employers.Continue reading “IR Bill seeks clarity for casual employment dilemma”
In October, we reported on the limited compensation awarded to a vehicle leasing consultant who was made redundant within days of the announcement of the JobKeeper scheme, causing him to lose out on potentially thousands of dollars in wage subsidy payments (see our related article). The Fair Work Commission has now been called upon to examine the termination of one of his co-workers, which was also occasioned in April by way of redundancy owing to the COVID-19 pandemic, and having found the dismissal to be unfair, has, for the second time in a matter of months, ordered the employer to observe a week’s wages in compensation.Continue reading “Failure to consult costs COVID-impacted employer $1K, again”
A hospitality worker has won the right to pursue her unfair dismissal application after a Full Bench of the Fair Work Commission (FWC) confirmed Deputy President Binet wrongly dismissed the application in September, when she disregarded the employee’s initial period of casual employment to determine the worker had not served the minimum employment period.Continue reading “Full Bench further clarifies ‘regular and systematic’ casual employment equation”
Subscribers, login to your online account, go to ‘Fact Sheets’ and scroll down to the ‘Pay’ subheading to download a handy PDF list of all of the 2021 Public Holidays for Queensland. Don’t forget, there are some additional public holidays in force over the Christmas/New Year period this year (see our related article).
The ES office and advice line will close for the Festive period at 5pm, Wednesday, 23 December 2020 and re-open, on reduced hours, at 9.00am, Monday, 4 January 2021.Continue reading “Season’s Greetings to ES Clients”
A mine worker who was dismissed for defecating in an active work area on two occasions has lost his unfair dismissal claim after the Fair Work Commission (FWC) decided his conduct amounted to a valid reason for dismissal.
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