The Fair Work Commission has recently handed down a decision which provides increased access to unfair dismissal claims by casual workers. Particularly those employees engaged in the labour hire industry. In the case of Robert Smith v Goldfields People Hire Pty Ltd...
In today's changing economic and technological environment the process of making an employee redundant is very common. Did you know that as an employer, you have strict statutory duties and responsibilities to follow in respect of that redundancy? If those...
When it comes to managing leave in the workplace, no matter what the length, it can be murky water to swim in. The Fair Work Act details leave in its entirety; annual, sick, parental and many more. Here is a summary of the different types of leave. Annual Leave All...
Unfair dismissal claims, bullying applications and general protections claims may mean you could be appearing before the Fair Work Commission. The Fair Work Commission is a workplace relations tribunal whose key responsibility is to hear and adjudicate disputes...
The unfair dismissal process may be daunting and confusing. However, there are three main steps that you can follow to better understand the procedure. Step 1: The Unfair Dismissal Application If you have been unfairly dismissed, you must make an unfair dismissal...
When a company title member lets their unit to a tenant, there is no legal relationship between the tenant and the company. This means the company must rely on the tenant to enforce house rules on their tenant and means the company has no power to limit sub-letting or...
Confidential information for the purposes of an employment relationship is information that is unique to the business. It is this information that should be protected in a deed of release and employment contract. Defining what is confidential information Information...
Managing a company title building's renovations to ensure they are safe and non-disruptive is essential to members' enjoyment of the building. In addition, directors who do not take steps to ensure that work is carried out by appropriately qualified and licensed...
Whether a case leans towards a genuine redundancy or unfair dismissal depends on elements within the employment contract, or lack there of. In today's economic climate, it is very common from employers to make employees redundant. But if the redundancy is not genuine,...
For directors and members, a change to the company title constitution may seem like a daunting process. Updated constitutions can assist companies in managing letting and subletting, improving corporate governance and bringing their constitution in line with the most...
Despite the efforts of the #MeToo movement and the increasing global awareness of sexual harassment in the workplace, it continues to be prevalent and damaging in Australian workplaces. According to the Commissioner Kate Jenkins, only 17% of people who experience...
The Fair Work Commission handed down an interesting decision, finding that the Metropolitan Fire and Emergency Services Board’s reason for dismissal of an employee were invalid BUT that the firefighter’s dishonesty in regards to a professional ban he was facing in his...
Last Thursday's decision by the Full Federal Court may change the idea of 'casual employment' for the future, causing upheavals on the employment law scene. Rarely has a court decision incited such comments from employer groups and other sources as that on Thursday,...
Being skilled, resilient and hardworking are the premise of a successful workplace. Well-constructed Performance Improvement Policies can involve ongoing performance check-ups to keep up standards. Performance improvement policies are put in place to better improve...
Terminating an employee can often be an arduous process that can get clouded with emotion from both parties. However, it is essential that the termination process is carried out in a careful manner from the very start. If the termination process is not managed, the...
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