News

IR Bill seeks clarity for casual employment dilemma

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.

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Failure to consult costs COVID-impacted employer $1K, again

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.  

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Full Bench further clarifies ‘regular and systematic’ casual employment equation

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.  

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2021 Queensland Public Holiday Calendar

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).

Compensation for abusive worker responsible for “sacking himself”

Commissioner Cambridge of the Fair Work Commission has awarded compensation to a “difficult” worker who was dismissed for engaging in an “expletive laden tirade” against his operations manager – including twice hanging up on him during phone discussions – finding the employer’s process in terminating the employee by email to be “severely flawed”, despite the valid reason for dismissal.

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Unfair Dismissal extension granted for level of “genuine struggle” rarely seen

A former retail employee has won the right to pursue her unfair dismissal claim despite lodging it 36 days late, with Deputy President Lake of the Fair Work Commission concluding that the assistant store manager had faced a list of challenges in filing her application within time, acknowledging she experienced “true hardship, genuine struggle the likes of which I do not often see”.

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