Entries by michele

FWC Scathing Attack on Zombie Agreement Employer

A hospitality industry employer has been condemned by the FWC for sitting on a 20 year old agreement which was, by any measure, seriously sub-standard to the award it displaced. The fierce censure was contained in both the FWC reasons for decision and in incidental commentary, highlighting the negative impact on employees and the gross disadvantage at which competitors of the employer were placed.

After hours conduct and dismissal

To properly assess whether an employee’s out of hours conduct is a valid reason for dismissal, an employer needs to make findings about the nature of the conduct and its relationship to the inherent requirements of the employee’s job, according to an appeal FWC full bench.

Can Notice not be noticed?

The tricky issue of exactly when has notice been effected, featured in two recent FWC decisions which examined when an employee knew, or ought to have known, of notice of an event.

‘What does the Contract Say?’– High Court

In two more judgements concerning the true nature of an employment relationship, or if there even is such a relationship, the High Court has again focussed on the original intention of the parties to answer the question. And the message is clear – what is written in the contract really matters.

Independent medical request deemed reasonable

  After repeated requests for full and better particulars about an employee’s fitness for work went unfulfilled, an exasperated employer required the employee to attend an independent medical examination (IME). When she refused, continuing instead to provide opaque certificates from a GP, the employer refused her request to return to work and stopped paying her. […]

Consultation key in mandatory jab case

Despite numerous activities which could well be described as consultation, a major employer has failed to convince the FWC that it fully consulted with its workforce on the implementation of mandatory vaccination. Because of those shortcomings, the employer had failed to comply with WHS obligations. Therefore the FWC found the directive was unreasonable.