Ruling paves way for casual employees to "double dip"
A rejected appeal in a long-running case effectively clears casual employees to "double dip" on entitlements and requires urgent legislative change, authorities say. » more »
Industrial relations, disputes & unions (328 items)
Case casts doubt on common understanding of personal leave entitlements
A case before the Federal Court has implications for most employers in Australia and could potentially cost them millions in unpaid leave entitlements. » more »
Workers claim directors liable for "systematic" underpayments
Five workers have lodged Federal Court proceedings against an employer and its directors claiming systematic underpayment, in what is believed to be the first case under Australia's 'vulnerable worker' laws. » more »
"The age of reputation": Stakes "really high" for employers that short-change workers
Increased publicity of underpayment scandals is being driven by "the rise of HR as PR", with organisations proactively coming forward to protect their brand and remain competitive, an HR expert says. » more »
EA overturned after HR manager's false declarations; CBA recruitment campaign; and more
An employer's EA approval has been overturned after it emerged that an HR manager falsely declared that employees had genuinely agreed to it. Also in this article: CBA encouraging de-selection; the top drivers of talent shortages in Australia; and more. » more »
HR's personal liability claims, risks rising
HR professionals are experiencing more instances of being named as individual respondents to workplace claims, and case law suggests courts are increasingly willing to hold them personally liable. » more »
Webcast: Personal and accessorial liability in the workplace
The extent to which individuals, including HR professionals, may be found personally liable for workplace breaches continues to expand and change under Australian law. In this webcast a workplace lawyer discusses individual liability issues, including accessorial liability under the Fair Work Act; personal liability under anti-discrimination and adverse action provisions; and much more. » more »
Constructive dismissal claim rejected; Pay rise ordered after flat wage growth; and more
An employee has failed to argue that a "casual" conversation about transfers meant she was pressured to resign, among recent FWC rulings. In other news, the Commission has ordered a seven per cent increase to workers denied a pay rise for five years; workplace wellbeing programs might be failing men; and more. » more »
$167k in fines for 'reckless, deliberate' sham contracting
Two individuals and two companies have been prosecuted for sham contracting breaches and underpayments, resulting in nearly $170k in fines. » more »
Drinking dismissal upheld; Minimum entitlements proposed for gig workers; and more
In the latest instalment in a long-running dispute, the Fair Work Commission has upheld the sacking of a worker who breached his employer's zero-tolerance alcohol policy. Also in this article, Fair Work amendments proposed for gig workers; fixes for Australia's "insecure work crisis"; workplace favouritism findings; and more. » more »
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HR hot spots 2020
The employment and industrial relations space continues to be a hive of activity, with further legal reforms and important court rulings imminent. This webinar will discuss the most crucial developing issues.
Personal & accessorial liability update
The ways in which HR and other leaders can be held personally liable for workplace issues continue to evolve in light of recent legislation and court rulings. This webinar will unpack the key risks and how to mitigate them.
Performance-related terminations
Even when avenues for improvement appear to be exhausted, it's crucial to follow a procedurally fair process when dismissing an employee for poor performance. This HR Daily webinar will share guiding principles that minimise legal risks when terminating for underperformance.
