Unfair dismissal – 2018 – Updated Threshold in the Fair Work Jurisdiction As we settle into the 2018-2019 financial year, employers need to be aware of increases to key thresholds effective from 1 July, and how these impact on employees’ entitlements and unfair dismissal eligibility. From 1 July 2018, the high-income threshold increased from $142,000 to $145,400 […]
An Australian chemical distribution company based In Sydney’s west AUSCHEM (NSW) Pty Ltd (Auschem NSW) has been forced to pay up to almost $100,000 for failing to adequately protect two employees from a worksite explosion and fire. In February 2015 two Auschem NSW employees were decanting all-purpose thinners from a leaking 1000 litre container into […]
The Fair Work Commission (FWC) has given food manufacturer, Arnott’s Biscuits Ltd (Arnotts) the green light to conduct compulsory urine testing. United Voice, Australian Manufacturing Workers’ Union (AMWU); and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Unions) disputed that the use of urine testing was necessary. The […]
The ongoing coronial inquest into the deaths caused by Dreamworld’s Thunder River Rapid ride has uncovered critical evidence that workplace safety teams across various industries can learn from. In particular, the inquest illustrates that clear communication of safety protocol and procedure is key. What caused the WHS failure In October 2016, electrical malfunctions caused the […]
Overtime & Leave Calculations for Employees Working Two Separate Positions The Fair Work Commission (the Commission) has recently rejected a postal worker’s (the Applicant) claim for over $200,000 in alleged underpayments relating to overtime, rest relief and meal allowances (the Entitlements) throughout the course of his employment with Australia Post (the Respondent). The Applicant worked […]
The Fair Work Commission Full Bench (Full Bench) has made an order for a security of costs against a social worker (the Appellant) who must produce $10,000 before the case will proceed. This decision was made after the Appellant appealed a rejected unfair dismissal claim which the Full Bench found had “little prospects of success”. […]
A recent case before the Fair Work Commission (the Commission) has clarified that a consideration of unfairness between parties is “not necessary” when deciding whether to approve an application for permission to be represented by a lawyer or paid agent pursuant to section 596(2)(a) and (b) of the Fair Work Act 2009 (FW Act). Valco […]
A recent case before the Fair Work Commission Full Bench (FWCFB) has given greater scope to workers under maximum term contracts to seek recourse in the unfair dismissal jurisdiction (Navitas). [1] Prior to this decision, the expiry of a maximum term contract at its specified date did not result in the employee being “dismissed”. This […]
Standing to Appeal A recent Fair Work Commission Full Bench (FWCFB) decision has held that United Voice (the Union) has the right to appeal decisions that affect enterprise bargaining, despite not being a bargaining representative. [1] The FWCFB held that the Union satisfied the legal criteria for a “person aggrieved” by the FWC’s recent approval of […]
A recent decision of the Fair Work Commission (FWC) held that Uber drivers are correctly classified as independent contractors, not employees, and are subsequently not entitled to the unfair dismissal protections within the Fair Work Act 2009 Cth (FW Act). [1] Mr Michail Kaseris (the Applicant) alleged that he was unfairly dismissed from Rasier Pacific […]