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Actionable steps and real-world commentary on topical issues in the world of employment and safety law.
Page 20 of 24 — 209 articles
Some commentators are claiming that the High Court’s recent decisions relating to worker classification have placed primacy on the terms of a contract, to the exclusion of the practical realities of the work.
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Most likely yes, if you have an objective reason for requesting the evidence.
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Most likely yes, so long as the refusal is based on valid business grounds. For workplaces that operate largely in an office setting, working from home (WFH) has become the primary solution in enabling employees to continue their work during a COVID-19 outbreak.
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In a recent Fair Work Commission (FWC) decision (Steve Petkovski v M J Luff Pty Ltd T/A Border Express [2021] FWC 5936), the FWC found that a termination letter was sent to an employee’s defunct email address did not constitute a reasonable means of communicating the dismissal. Instead, the dismissal was effective 5 days later when the termination letter was received by registered post.
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In late 2021, many Public Health Directions requiring vaccination for certain workers and industries came into effect. In the New Year, many employers have been forced to deal with a small number of employees who have refused to comply with the vaccine direction.
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Simply put, the Respondent employee will generally need to know the identity of a Complainant in order to adequately respond to an allegation.
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Knowing an employee’s vaccination status has been an important tool in managing the risks of COVID-19 in the workplace. However, there are some important privacy obligations placed on employers who hold a record of their employee’s vaccination status.
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Yes –but dismissal must not be harsh, unjust or unreasonable.
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Most likely, yes. While traditional Personal / Carer’s Leave is available to employees who have tested positive to COVID-19, there are many pandemic related reasons why workers may be unable to attend work which don’t fit comfortably with traditional leave entitlements. Mandatory quarantine periods for close contacts of positive cases remain common across Australia but unless employees are able to work from home, they may be forced to access Annual or Long Service leave in order to be paid for the period of isolation.
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