Author: Tim Grellman
Case review – new flexible work arrangement laws
We look at a case where the employer denied the worker’s request for flexible work arrangements. The matter went to the FWC and ultimately, the Full Bench. It was found that the employer had failed to discharge its onus of establishing that it had reasonable business grounds to refuse the employee’s request.
Will I get reinstatement after a successful unfair dismissal claim?
While compensation (instead of reinstatement) of up to six months’ pay is a common alternative remedy for unfair dismissal, reinstatement remains the primary remedy under the Fair Work Act. However, even in successful unfair dismissal applications, the Fair Work Commission often does not order reinstatement.
Changes to employee flexible work arrangements from June 2023
In late October 2022, the Federal Government introduced draft legislation that would strengthen a worker’s right to flexible work arrangements. On 6 June 2023, the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2023 (Cth) came into effect.
Sexual harassment in the workplace: Australia’s first stop sexual harassment case
In this case, where a worker lodged a “Stop Sexual Harassment” application, the application was dismissed due to “no risk of future sexual harassment”.
Workplace consultation crucial when mandating vaccination
A decision of the Full Bench of the Fair Work Commission determines coal mine’s vaccine mandate not lawful/reasonable simply due to lack of consultation.
Case review - when does unpaid work constitute employment?
A recent decision of the Fair Work Commission has again considered whether unpaid work constitutes employment.
Can you be directed to take annual leave during a temporary shut down?
Requesting employees take annual leave, particularly during traditional holidays, including Christmas/New Year and Easter is not uncommon. This triggers an important question: can an employer lawfully force you to take annual leave during a temporary shutdown?
Case review: labour hire employees and unfair dismissal
Labour hire employees are workers employed by one company but perform their work at an external company. An increasing number of workers in Australia perform work under a labour-hire agreement. This has triggered important questions for many of those workers.
Has your employer reduced your hours/pay under a JobKeeper Direction that seems unreasonable?
With the extension of the Federal Government’s JobKeeper Scheme until 28 March 2021, employees should continue to be aware of their workplace rights in circumstances in which they think their employer has reduced their hours/pay unreasonably.
Unfair dismissal win strengthened by “other factors”; not just valid reasons or procedural fairness
When determining an unfair dismissal claim, the Fair Work Commission will consider if the termination was harsh, unjust or unreasonable. When assessing the application, section 387 of Act prescribes that the FWC must consider other factors.