Posts: Fair Work Act

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Fair Work Act

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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