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NEWS
Fair Work Commission Rules Overseas Worker as Employee in Unfair Dismissal Case: Clarifying Employee vs. Contractor Status
By Safa Alewi
In the case of Ms Joanna Pascua v Doessel Group Pty Ltd, the Fair Work Commission (FWC) addressed significant issues surrounding unfair dismissal, hiring an overseas employee and the classification of workers as employees or independent contractors. The decision provides insight into how Australian employment laws apply to overseas employees and how courts interpret contractual relationships.
IR Update - “Closing the Loopholes”
By Russ Baldwin
The second tranche of the Federal Government’s Closing the Loopholes (CTL) reforms have been passed by the Parliament. The changes made include the definition of casual employment, meaning of employer and employee and the introduction of the right to disconnect from work. Employers and employees will need to adjust to the new laws (and complexities) a few of which are set out below:
The New Positive Duty:
Workplace Sexual Harassment
By Daniel MacMahon
On 12 December 2023 changes to the Sex Discrimination Act 1984 (Cth) commenced under which employers now have a positive duty to take reasonable and proportionate measures to eliminate, as far as possible:
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sex discrimination;
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sexual harassment or harassment on the ground of sex;
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hostile workplace environments on the ground of sex; and
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related acts of victimisation.
Vaccination: Unfair Dismissal
By Ashvini Ambihaipahar
Gregory John Casper v New Horizons [2022] FWC 1269
Summary
In a decision issued on 24 May 2022, the Fair Work Commission (FWC) has reaffirmed the proposition that directing an employee to be vaccinated against COVID-19 (absent a medical contraindication) is lawful and reasonable. A failure to comply with such a direction can provide a valid reason to terminate the employment.
FWC extends 'shelf-life' of employee misconduct
By Daniel MacMahon
How long can an employer rely on employee misconduct as a ‘valid reason’ for dismissal? What is the ‘shelf-life’ of a written warning? These are commonly asked questions by employers when looking to end an employment relationship. Whilst there are no prescriptive or ‘hard and fast rules’, 6 – 12 months has traditionally been accepted as a general ‘rule of thumb’...
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FWC clarifies employee’s right to decide when and from where they work
By Daniel MacMahon
A recent Fair Work Commission (Commission) decision is a timely reminder that, whilst working remotely (post-COVID) is often perceived as ‘the norm’, it’s not an unfettered right.
In Diandong Ren, an employee was found to have been dismissed for valid reasons, including working remotely without permission. In turn, the Commission rejected the employee’s unfair dismissal application.
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Vaccination: Unfair Dismissal
By Russ Baldwin
Mrs Barbara Roman v Mercy Hospitals Victoria Ltd [2022] FWC 711
There have been a number of recent decisions of the Fair Work Commission (FWC) involving termination of employment arising from an employee’s refusal to comply with vaccination mandates. These cases have generally involved (non) compliance with mandatory vaccination directions issued by employers under Public Health Orders (PHO). The PHO in NSW that mandates vaccination (with limited exceptions) ceased on 15 December 2021.
