Anticipated rejection of remote work request did not compel resignation: FWC
An employee has lost the right to contest the termination of his employment, after failing to convince the Fair Work Commission that he was left with no alternative but to resign when he assumed his desired flexible working arrangement was likely to be rejected by his employer.
Continue reading “Anticipated rejection of remote work request did not compel resignation: FWC”2024 Season’s Greetings to ES Clients
The ES office and advice line will close for the Festive period at 3.30pm, Friday, 20 December 2024 and re-open, subject to our standard operating hours, at 9.00am, Monday, 6 January 2025.
Continue reading “2024 Season’s Greetings to ES Clients”Christmas shutdown basics for Employers in 2024
Is your business taking a break over Christmas? Check-in on your obligations to your employees over the Festive Season with our updated post here.
Superyacht Captain Sails into Choppy Waters in Fair Work Commission
The captain of a luxury motor yacht has lost his unfair dismissal claim, with the Fair Work Commission (FWC) finding he engaged in serious and wilful misconduct before and after the vessel collided with a channel marker.
Continue reading “Superyacht Captain Sails into Choppy Waters in Fair Work Commission”
2024/25 Festive Season Public Holidays
The finish line of 2024 is firmly in sight, meaning it is essential to settle plans for the Festive Season. If your business takes a break over Christmas/New Year (temporary shutdown period), your employees need to be given at least 28 days’ notice – or longer, in some Modern Awards – of the requirement to take leave. If you are preparing for your peak period, it is appropriate to have discussions with your staff about their availability for work, especially if shifts will be offered across the public holidays.
Continue reading “2024/25 Festive Season Public Holidays”Government to pay super on PPL payments from 1 July 2025
In September, the Government successfully negotiated passage of its Paid Parental Leave Amendment (Adding Superannuation for a More Secure Retirement) Bill 2024 through both Houses of Parliament, receiving assent on 1 October 2024. The legislation will facilitate the Government making superannuation contributions for people receiving paid parental leave (PPL) in respect of children born on or after 1 July 2025.
Continue reading “Government to pay super on PPL payments from 1 July 2025”Enhanced obligation on QLD employers to eliminate sex harassment
Queensland Parliament recently passed the State Labor Government’s Respect at Work and Other Matters Amendment Bill 2024 (Qld), which will usher in changes to the Anti-Discrimination Act 1991 (Qld) from 1 July 2025, including a new positive duty on Queensland employers to eliminate all unlawful discrimination, harassment and other objectionable conduct in the workplace.
Continue reading “Enhanced obligation on QLD employers to eliminate sex harassment”Inquiry report recommends paid leave and flexible work to support reproductive health
Last month, a report resulting from a Senate inquiry into issues related to menopause and perimenopause recommended the Government consider amending the National Employment Standards (NES) to ensure menopausal women can access the right to request flexible working arrangements, while also enshrining an entitlement to paid reproductive health leave in both the NES and the Modern Awards.
Continue reading “Inquiry report recommends paid leave and flexible work to support reproductive health”Intriguing General Protections argument challenges last-minute probationary dismissal
The Chief Executive of a small non-profit organization who was summarily dismissed hours before he would have completed his minimum employment period – allegedly for sexually harassing a new assistant – has been temporarily reinstated into his role, and won the right to challenge his termination via the general protections jurisdiction, with Judge Nicholas of the Federal Court finding he established “a prima facie case” that the timing of his dismissal was influenced by a desire to ensure he could not make a claim for unfair dismissal.
Continue reading “Intriguing General Protections argument challenges last-minute probationary dismissal”Separation Certificate request ended employment: FWC
A labour hire employee has been denied opportunity to pursue an unfair dismissal claim, with the Fair Work Commission confirming his request that he be furnished with a Separation Certificate to enable him to claim unemployment benefits definitively concluded his employment, whilst at the same time lamenting the “invidious position” the out-of-work casual found himself in.
Continue reading “Separation Certificate request ended employment: FWC”OUR SERVICES
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