The procedural importance of effectively dismissing an employee
The Applicant, Mrs Eileen Owens was employed by I-Med Radiology Ltd, the Respondent as a radiographer for more than 13 years until her dismissal in December 2021. In October 2021, the Respondent implemented a policy requiring its employees to be vaccinated against COVID-19, which applied to the Applicant as well as the Queensland Public Health Orders relating to workers in healthcare settings being required to have two doses of the vaccine by 15 December.
Can you be dismissed for failing to agree with your employer?
The recent case of Kristen Gordon v Sens Catering Group Pty Ltd [2022] FWC 1790, considers the issue of what an employer must not do when an employee asks questions.
Sacking by email found to be unfair
In the recent decision of Pierce Field v Department Of Finance [2022] FWC 1619 (24 June 2022), the Fair Work Commission (FWC) found that procedural deficiencies (including termination via email) and denial of natural justice outweigh and overrule instances a termination could otherwise be considered valid.
Unvaccinated worker reinstated due to employers poor communication
In a very important recent development, a Northern Territory teacher, Anna Gikas (Applicant), who was sacked over the COVID-19 vaccine mandate
When failure to follow a Direction to attend to an Independent Medical Examination can lead to dismissal
One of the most frequently asked questions from employers is whether you can you terminate an employee from work when they are on long-term personal and sick leave.
Termination of skinny-dipping Academic is found not to be unfair?
The Full Bench of the Fair Work Commission (FWCFB) has upheld the Australian National University’s (ANU) appeal over the dismissal of a mathematics professor after he went skinny-dipping with a student before kissing her and engaging in intimate but not sexual intercourse with her.
Can an employee be terminated from employment for excessive SMS texting?
Employers regularly notice and complain when their employees are distracted through texting on their mobile phones. But, can an employee be dismissed for such an action when an employer determines the amount of texting has gone too far?
What Does A New Labor Government Mean For Employers
With voting for the Federal election complete and Anthony Albanese of the Australia Labor Part (ALP) sworn in as Australia’s next prime minister, employers may be starting to wonder what this means for their business, their employees and the employment relationship as a whole.
Definition Of Casual Employee
On 27 March 2021 the Commonwealth Government introduced legislation which included a definition for a “casual employee”. The Fair Work Act 2009 (Cth) (FW Act) now provides a process by which casual employees may convert to full time or part time employment, and requires that employers provide casual employees with a Casual Employment Information Statement.
Victorian Wage Theft Laws
On 1 July 2021 the Wage Theft Act 2020 (Vic) (the Act) came into effect bringing with it a list of offences in relation to employee entitlements and record keeping, breaches of which may lead to significant fines and even prison sentences.
What are the current views of the FWC in relation to the flu vaccine. Do the mandates extend beyond COVID-19? - Part 3
There has been commentary as to whether we will see a broad-based approach in relation to the implementation of a mandatory vaccination regime for other vaccines (flu) across all workplaces.
Which way is the pendulum swinging? - Part 2
A very recent decision from the FWC confirms the difficulties for employees relying on the theoretical basis of conscientious objections when refusing to comply with obligations imposed by public health directions or refuse to receive vaccines as required as a condition of being able to attend their workplaces.
Recent Developments in the area of mandatory vaccines - Part 1
The current discussion and status of the availability of COVID-19 vaccinations has posed significant challenges for employers around the requirement of how to manage broader workplace risks.
Workplace Investigations and why they are needed
A workplace investigation is a line of enquiry that aims to impartially assess issues or allegations that have occurred in the workplace or have a workplace connection.
Disgruntled employee tries to argue performance improvement plan constitutes workplace bullying
In the recent case of Scott v Vita People Pty Ltd, Josie Williams [2022] FWC 24 (10 January 2022), the employee (applicant) filed a stop bullying order against his managers on the basis of a performance improvement plan (PIP) that had been implemented and been followed.
Managing permanently injured employees and return to work obligations
WorkCover and where is the starting point in a claim?
The first question, and basic starting point, if an employee suffers either an injury or illness is whether this injury or illness arises out of or in the course of employment. The key test is ‘in the course of employment’.
Stop Orders (sexual harassment)
There has been a lot of discussion recently about sexual harassment and the new stop orders. What is the background and have employers and Government considered societal changes?
Stopping sexual harassment at work and the new stop orders regime
Historically, sexual harassment has been viewed from the prism of being an issue of:
Criminal law (e.g., Sexual assault type cases)
Discrimination
Employee Share Schemes – Another Report Supports Further Reform
Although Employee Share Schemes (ESSs) are appealing on the surface, they are undermined by complex legislation and confusion regarding upfront or deferred taxation.
Employers will celebrate landmark High Court decision on casual employment
On Wednesday 4 August the High Court upheld the appeal of labour-hire company, WorkPac, in a decision which will come as welcome news to employers.
The Court unanimously overturned the May 2020 decision of the Full Court of the Federal Court which had held that an employee of WorkPac, Robert Rossato, was entitled to paid leave entitlements and public holiday payments as a permanent employee of the company, despite being contracted as a casual worker.