Posts: Fair Work Act

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Fair Work Act

Commission finds employee was dismissed despite “heat of the moment” resignation

Talk before the walk

One of the key elements of a procedurally fair disciplinary process is for the employee in question to be notified of the seriousness of the process (including the potential disciplinary penalties) and to be provided with an opportunity to respond to any allegations before a decision as to disciplinary action has been made.

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Court confirms small claim proceedings extends to matters involving accessorial liability

The deregistered accessory

Under the Fair Work Act 2009 (Cth), the Federal Circuit and Family Court of Australia (Division 2) is able to determine certain underpayment disputes as “small claims proceedings”.

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The Fair Work Information Statement and the Casual Employment Information Statement

Always make a statement

When starting a new job, employees and HR are often inundated with administration and paperwork which must be prepared or completed. There are certain documents which must be provided to new employees and their importance should not be overlooked.

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FWC finds that employee’s employment ended at end of fixed term and was not dismissed

Time goes by so slowly

Access to the unfair dismissal jurisdiction under the Fair Work Act 2009 (Cth) is on the basis that the employee is “dismissed” from the employment. A jurisdictional objectional can be raised if the employee has not been actually dismissed by the employer.

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Offers of alternative employment in redundancy cases

An offer you can refuse

In most cases of redundancy, employers have an obligation to consult with affected employees about the proposed redundancy and consider whether or not anything can be done to mitigate or minimise the impact on the employee, such as redeployment or obtaining other acceptable employment for the employee.

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Employer and director ordered to pay penalties for failure to comply with compliance notice

Compliance is a must

The Fair Work Ombudsman (FWO) regularly engages in enforcement action for contraventions of the Fair Work Act 2009 (Cth) (FW Act). Such enforcement action includes issuing infringement and compliance notices, entering into enforceable undertakings or commencing litigation against companies and others involved in contraventions.

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Labour hire company and placement company penalised for discriminating against prospective employee

Age is just a number

The general protections provisions of the Fair Work Act 2009 (Cth) (FW Act) are wide-ranging in the sense that they provide protections to, and prohibit adverse action by, persons and entities beyond an employee and an employer.

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Casual Terms Award Review 2021

NEWS UPDATE

In March 2021, the casual employment amendments to the Fair Work Act 2009 (Cth) (FW Act) introduced a new statutory definition of “casual employee” and an entitlement to casual conversion as one of the National Employment Standards (NES).

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Employee dismissed for exercising workplace right to take leave

Diamonds are not a girl’s best friend

The general protections provisions under the Fair Work Act 2009 (Cth) (FW Act) provide protections against adverse action which is taken for a prohibited reason. Prohibited reasons for taking adverse action include situations where a person has a workplace right and exercises (or proposes to exercise) that right. Workplace rights include the right to utilise leave entitlements under the FW Act.

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Employer ordered to pay maximum compensation following “entirely unjust” disciplinary process

Knives Out

The Fair Work Act 2009 (Cth) (FW Act) requires that employers comply with a number of procedural elements in a disciplinary process prior to making a decision about whether an employee’s conduct or behaviour warrants disciplinary action.

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The onus and presumption in adverse action matters

It’s on you

Under the general protections provisions in the Fair Work Act 2009 (Cth) (FW Act), it is unlawful for a person to take adverse action against another person for a proscribed reason. One of the features of the general protections provisions under the FW Act is the presumption that adverse action was taken for a proscribed reason unless it is proven that the adverse action was not taken for that reason.

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Probation and the “minimum employment period” in the Fair Work Act 2009 (Cth)

The probation myth

There is a common misconception that probationary periods allow an employer to dismiss an employee for any reason (or for no reason at all) prior to the confirmation of their employment. This is not necessarily the case and, in fact, there is no statutory basis that entitles an employer and an employee to a probationary period.

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Record keeping basics for human resources

Who holds the record?

No profession loves hard copies of records more than lawyers – but it is often human resources who have the most to do with record keeping, particularly in relation to retaining employee records.

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FWC finds employee was dismissed due to employer’s racial preference

Preferential treatment

An employer’s past job advertisements, which stated a preference for “Asian staff”, have been used by the Fair Work Commission (FWC) to support its finding that an employee was dismissed because she was not of Chinese descent.

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Webinar: Personal Liability under the Fair Work Act 2009 (Cth)

The last few years have seen an increase in employees, managers, directors, officers and advisors subjected to personal investigation and prosecution under the accessorial liability provisions found in s.550 of the Fair Work Act 2009 (Cth).

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