Category: Industrial & Employment Law
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.
Health practitioners’ obligations to continually update National Board
Once registered, all health practitioners have obligations to continually disclose certain events to their National Board, throughout the registration year.
Family business sacks son for attending dinner late
In March 2019, Pasquale was late for dinner at his parents’ house. There was an argument and he was subsequently told to leave and never come back to the house or to the family business where he was an employee.
Civil Aviation Safety Authority (CASA) decision appealed and won for VIPA member
Recently, a VIPA (the Association for Virgin Australia Group Pilots) member received a positive outcome in a case where the member’s career was at risk, due to a decision by the Civil Aviation Safety Authority (CASA) to cancel his medical certificate – essential to be a commercial pilot in Australia.
Sham Contracting: Disguised Employment Relationship
Sham contracting is a term used to describe the situation where a worker is engaged by a company as an independent contractor when in fact, they should be engaged as an employee.
Volunteer deemed 'worker' under Anti-Bullying laws
Benjamin Legge, a foster carer under arrangements with Barnardos Australia, contends he was subjected to workplace bullying by case managers and other managers. He filed an application in the Fair Work Commission seeking orders to stop the bullying.
All you ever wanted to know about your annual leave entitlements
Annual leave entitlements apply to the majority of the workforce and in 2009, annual leave was enshrined in the National Employment Standards (NES) as one of the 10 minimum entitlements available to employees.
What if I have used all my sick leave but I am still sick?
Under the NES, Australian workers in the private sector employed on a full-time or part-time basis, are entitled to paid ‘personal/carer’s leave’. This leave entitlement is commonly referred to as ‘sick leave’.
What is unfair dismissal and what are my options?
If someone is terminated from their employment and they believe the termination was unfair, there are a number of options available for them to challenge the legality and validity of their termination. The most common alternative is an unfair dismissal claim.