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Actionable steps and real-world commentary on topical issues in the world of employment and safety law.
Page 14 of 24 — 209 articles
FWC recently upheld (Sheldon Haigh v Platinum Blasting Services Pty Ltd [2023] FWC 2465) the dismissal of an employee for failing, as per the employer’s policy, to disclose his use of prescription medical marijuana even though he disclosed it during a testing process and passed the test.
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We have all seen the increasing trend of high profile leaders departing their jobs stating they need to “take a break”, “spend more time with their family” or encouragingly citing “burnout” as the reason. But every employer should know that “burnout” is not just a trend for leaders. It can affect anyone regardless of position, and is a psychosocial hazard that needs to be addressed in most workplaces.
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Two recent cases have shown a willingness for FWC to uphold an employer’s right to dismiss when an employee fails to comply with company WFH policies and procedures.
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The Australian Human Rights Commission (AHRC) recently published its Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) to demonstrate to Employers how to practically comply with its new obligations.
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Both employers and employees may not be entirely happy with the decision – neither got what they wanted - but it is likely that FWC will consider they reached an appropriate ‘middle ground’ in increasing the minimum wages in all modern awards by 5.75% from the first full pay period commencing on or after 1 July 2023.
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It depends on who you ask. Most Employer groups have cautioned that the Secure Jobs Act's single-interest bargaining provisions will give unions much greater power and put all employers at risk of being captured by the regime. The loss of control of specific terms for an enterprise agreement is a legitimate concern because it has the capacity to reduce an employer’s competitive advantages.
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In rejecting an employee’s claim for psychological injury from a reasonable performance assessment process, a recent Administrative Appeals Tribunal decision (Tierney and Comcare (Compensation) [2023] AATA 674 (5 April 2023) has highlighted that managing employee performance, when conducted appropriately, will provide Employers a solid defence to workers compensation claims.
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Employers know the high costs of recruitment and retention. “Quiet quitting” and the “War for Talent” remain consistent commentary in HR circles. But it seems that a Dortmund University study in Germany has once again confirmed what most good HR managers already know - employees leave managers not organisations - by finding a link between destructive leadership and high levels of early retirement and extended sick leave.
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Employers currently covered by a pre-2010 workplace agreement (Zombie Agreement) are required to notify their employees by 6 June 2023 that the Zombie Agreement (being the source of their minimum entitlements) will be terminated by 7 December 2023.
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