Vax mandates remain hot topic as FWC Full Bench upholds dismissal of flu jab abstainer
In September, a majority Full Bench of the Fair Work Commission (FWC) further endorsed the July 2020 sacking of a receptionist in a NSW aged care facility for refusing to receive the flu shot in accordance with her employer’s policy, denying her permission to appeal an earlier FWC decision upholding her dismissal, but the receptionist’s representatives have flagged a Federal Court challenge, emboldened by the passionate dissenting view of one FWC member.
Continue reading “Vax mandates remain hot topic as FWC Full Bench upholds dismissal of flu jab abstainer”Dismissal upheld for unreasonable refusal of employer’s lawful urine-sample demand
The Fair Work Commission has endorsed an employer’s stringent random drug testing policy, rejecting a dismissed worker’s argument that she should have been exempted from the “invasive” urine testing technique because she was experiencing a “personal medical condition” at the time she was required to provide a sample.
Continue reading “Dismissal upheld for unreasonable refusal of employer’s lawful urine-sample demand”Compensation for sacked Bottle-o Manager despite customer’s “convincing” complaint
A Tasmanian bottle shop manager has been awarded $3,000 compensation by the Fair Work Commission after finding his dismissal for misconduct in March 2021 lacked procedural fairness, notwithstanding the “truthful” and “convincing” evidence of a customer that he had made “unwelcome comments of a sexual nature” to her.
Continue reading “Compensation for sacked Bottle-o Manager despite customer’s “convincing” complaint”Important Decision for Community Sector Employers
In a decision many employers in the community services sector will find useful, the Fair Work Commission (FWC) has determined that a casual nurse was not dismissed when the sole NDIS participant the nurse assisted decided not to use the worker any longer.
Continue reading “Important Decision for Community Sector Employers”
Marriage Breakdown Real Reason for Dismissal, Not Redundancy: FWC
A worker sacked by her estranged husband from the business they co-founded was unfairly dismissed, the Fair Work Commission (FWC) has found.
Continue reading “Marriage Breakdown Real Reason for Dismissal, Not Redundancy: FWC”
Large Childcare Employer’s Failure to Inform Itself of Obligations to Injured Worker “Disappointing” and “Disturbing”: FWC
A childcare employer with a national footprint unfairly dismissed an injured worker, the Fair Work Commission has found.
More latitude for employers but no universal rule on mandatory COVID-19 vaccinations
With the COVID-19 vaccination rollout ramping up across Australia, mandatory vaccination within the workplace has been one of the hottest topics of discussion. Despite greater clarity being afforded to employers by way of recently released government guidance, decisions as to whether businesses are entitled to require that their employees be vaccinated against COVID-19 remain the responsibility of individual employers and hinge on multifaceted considerations.
Continue reading “More latitude for employers but no universal rule on mandatory COVID-19 vaccinations”Countdown to casual conversion deadline
Employers, other than small business employers, are reminded that the deadline for making offers of conversion (to permanent employment) to casual employees who were employed prior to 27 March 2021 is looming. Employers need to have assessed the eligibility of their casual employees and written to all workers, either offering conversion or setting out the reason an offer is not being made, by 27 September 2021. These requirements arise because of changes to the Fair Work Act 2009 and the National Employment Standards (NES), resulting from the implementation of the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021, as reported earlier in the year.
Continue reading “Countdown to casual conversion deadline”Government proposes paid miscarriage leave
In June, the Morrison Government introduced the Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021 into Parliament. The proposed legislation, in part, seeks to amend the Fair Work Act 2009 by implementing certain recommendations of the Australian Human Rights Commission report, Respect@Work: National Inquiry into Sexual Harassment in Australian Workplaces.
Continue reading “Government proposes paid miscarriage leave”Employer chastised for selective stand down that unfairly targeted injured worker
The Fair Work Commission has awarded minimal compensation to a Perth airport worker who successfully argued a third stand down enforced on him following conclusion of the JobKeeper wage subsidy scheme earlier this year was “selective, targeted and without legal merit”.
Continue reading “Employer chastised for selective stand down that unfairly targeted injured worker”