Workplace Relations Review – Cases and Legislation April 2018
Workplace Relations Review - Cases and Legislation April 2018 Employment Issues “NEWS ALERT: FWC announces approach to its Annual Wage Review” The Fair Work Act 2009 (Cth) (FW Act) requires an Expert Panel of the Fair Work Commission (FWC) to conduct and...
3 key areas of Workplace Relations in 2018
In this January 2018 edition of “Workplace Relations Review – Cases and Legislation” we identify three key areas on which we suggest employers should focus in 2018.
Full Bench finds that wearing campaign material and badges alone is not industrial action
Full Bench finds that wearing campaign material and badges alone is not industrial action; Casual employee compensated for breach of casual conversion clause; No major change for consultation purposes where just 23 out of 3,000+ employees face possible redundancy; Teacher charged and later acquitted of indecent assault was unfairly dismissed; Employee convicted of WHS offence for activity at client’s premises; NSW WCC says workplace gossip
What is a “close down”?
With Christmas only 6 weeks away, it is important for employers to plan and confirm their Christmas/New Year close down. Decisions must be made as to whether to close down at all and, if so, when the close down will commence and when to give employees notice.
How to minimise the risks of the end of year party before, during and after the event
The end of year silly season is seen by employees as that time of the year where they can let down their hair, celebrate with their colleagues and reward themselves for their hard work. Unfortunately, the silly season is also a time that is fraught with risks for employers.
New Fair Work laws protecting vulnerable workers commence
Update – New Fair Work laws protecting vulnerable workers commence; Jewish law incorporated into Rabbi’s contract; Broker ordered to pay damages after breaching post-termination restraints; Moving a redundancy date forward found to be adverse action; Employer found to have dismissed employee because of pregnancy, not as a result of document formatting errors; Alert – Queensland to introduce ‘Industrial’ Manslaughter Offence; Employer fined under WHS laws following a fatal forklift accident; Managerial inaction and mistreatment caused psychiatric injury; Alert – New pay deal for players in the W-League
Post-employment restraints unenforceable following employer’s repudiatory conduct
Post-employment restraints unenforceable following employer’s repudiatory conduct; FWC Commissioner on a mission to set employers’ termination processes straight; Constructive dismissal from reduction in shifts; Full Bench finds that labour hire employee who was denied host site access was unfairly dismissed; Bullying application dismissed: Conduct was not repeated unreasonable behaviour; Employer agrees to $1.5 million Enforceable Undertaking
The Union is Coming – What do we do?
Union Right of Entry; Permit Holders; Right of Entry; Entry Notices; Requirements for Union Officials; Requirements for Employers; Sydney FC Extend Partnership With Workplace Law
Employee reinstated after employer failed to make reasonable inquiries regarding return to work
Coming soon – Casual conversion clause; FWC rejects ATCU family and domestic violence leave clause but leaves door open for narrower family and domestic violence leave entitlement; Employee reinstated after employer failed to make reasonable inquiries regarding return to work; Coming soon – Amendments to WHS law in NSW – New penalties for repeat offenders
What’s your HR strategy for the new Financial Year?
Planning for the new Financial Year – Checklist; Update – Penalty unit to increase from $180 to $220; Ordinary and customary turnover of labour exception disentitled employee to redundancy entitlements; Board member found to be a ‘worker’ under anti-bullying laws; No direct or indirect discrimination by the employer in dismissing a mechanic fitter; The FWC finds informal performance management to be a sufficient basis for termination of employment; Redundancies not genuine where jobs continue to exist on lower wage.
Annual Wage Review Decision 2017 and Penalty Rates Transitional Arrangements
The Fair Work Commission (FWC) has announced the outcome of the Annual Wage Review (AWR) and in a separate decision, the Full Bench of the FWC has set out the arrangements for the reduction in Sunday and Public Holiday penalty rates.
Manage the Challenge: Restructuring and Redundancies
For employers, the decision to make significant changes to the way a business operates is a difficult one – especially where positions are made redundant. This makes an already challenging time even more difficult emotionally and financially.
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