Will an employer have a ‘valid reason’ for dismissing an employee if they refuse to return to work after being issued a workplace direction to do so? In a recent decision, the Fair Work Commission (FWC) has decided that employers will have valid reason in such circumstances, provided that the direction to return to work […]
In only the last few weeks, workplaces have taken a major hit due to the surge of Omicron. With case numbers now in the tens of thousands, Omicron poses enormous challenges for the community, supply chains, and the workforce across New South Wales. To ensure that essential services such as supermarket chains and healthcare remain […]
Savco Vegetation Services Pty Ltd (“the Company”) has failed to persuade the Fair Work Commission (“FWC”) that helping a worker secure a job warranted not paying a worker their redundancy entitlement. The Company applied to the FWC to reduce the worker’s redundancy pay from eight weeks to nil on the basis it was a “strong […]
A General Protections claim before the Fair Work Commission (“FWC”) has been “stopped in its tracks” before it even started. The FWC held that a National Rugby League (“NRL”) referee was not dismissed, but rather, his “maximum-term” 12-month contract expired. It is for this reason that the FWC had no jurisdiction over the matter as […]
A series of challenges to mandatory vaccination requirements has been dismissed on all grounds by the New South Wales Supreme Court. Legal Challenge The legal challenges, lodged on behalf of ‘essential workers’ in the construction, health and aged care and education industries, sought to challenge the validity of the NSW public health orders that restrict […]
Under the National Employment Standards, employees have a right to request from their employer flexible working arrangements in some circumstances. Such requests may involve changes to work hours, patterns or locations so that an employees may either, maintain a work-life balance, continue their caring responsibilities, or may be able to work despite major interruptions to […]
In the first investigation of its kind, WorkSafe Victoria is investigating the COVID-19 death of a 46-year-old call centre Serco employee, Martin Blight, who was identified as a close contact at his workplace’s exposure site. The investigation was commenced following pressure from the Australian Services Union (ASU) for the workplace regulator to make inquiries into […]
In the midst of increasing vaccine policies and conflicting public advice, many businesses are more confused than ever with respect to what they can require of their employees with respect to their vaccination status. In public statements, Prime Minister Scott Morrison has said that it will be up to individual employers to determine what steps […]
In a recent judgment of the Court of Appeal of Victoria (the Court), the Court held that two employees were not entitled to long service leave (LSL) entitlements because they primarily performed their work outside of the State of Victoria (the State). In Infosys Technologies Limited v State of Victoria, the Court was required to […]
In an unusually long and detailed decision stretching over 100 pages, the Fair Work Commission (Commission) has dismissed an application by an investment fund Portfolio Manager seeking ‘stop bullying’ orders against his direct manager (Head of Strategy) and his employer (Funds Management Company) after six days of hearings. The Complaint The Portfolio Manager made a […]