Category: Industrial & Employment Law
Full Bench of the Fair Work Commission endorses a broader definition of ‘termination of employment’
The Full Bench of the Fair Work Commission has overturned a 2021 decision which led that demotion amounts to dismissal where employment continues with a significant drop in remuneration. What does this new decision mean for workers and employers?
Seasonal workers engaged in fruit picking entitled to minimum rate of pay
Minimum wages for seasonal workers engaged in fruit picking (and other produce picking) apply from April 2022 after the Full Bench of the Fair Work Commission handed down a decision, approving variations to their Award.
Is it legal for employers to monitor employees using surveillance devices?
In short, it is legal for your boss to monitor your work-related tasks and performance however, they do not have unrestricted rights to conduct surveillance.
Blindsiding a worker into a redundancy meeting is not “reasonable management action”
A worker’s initial claim for workers compensation was denied by WorkCover Queensland due to the employer’s actions being considered “reasonable management action”. The worker ultimately appealed to the QIRC who overturned the prior decision and the workers’ compensation claim was ultimately accepted.
Work from home request refused by employer - decision upheld by QIRC
A Queensland tribunal has affirmed the decision of a public hospital to refuse an ongoing ‘work from home’ arrangement for its HR staff, which was introduced during the height of the coronavirus pandemic.
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”.
Fighting at work can lead to disciplinary action, including termination
A worker involved in a physical altercation in the workplace can face serious disciplinary consequences, including the immediate termination of their employment.
Successful appeal sees Queensland Police Service required to pay $169,119.29 in costs
A big win upholds statutory right of entry for union officials to lawfully enter work premises where they suspect breaches of work health safety laws.
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.
Your employer instructs you to do something illegal. What are your rights as an employee?
It is imperative you understand your rights and obligations in relation to reasonable and lawful directions from your employer. We explore your rights if a direction requires you to break the law.
Demotion involving reduction in pay and no change in role constitutes dismissal
A recent case before the Fair Work Commission (FWC) has served to highlight the provisions around demotions and the circumstances in which they can constitute a dismissal.
Can my redundancy payment be reduced by my employer?
Employers are increasingly attempting to utilise a provision of the Fair Work Act to reduce an employee’s entitlement to their redundancy pay.