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Actionable steps and real-world commentary on topical issues in the world of employment and safety law.
Page 7 of 24 — 209 articles
No. The FWC increase (if applicable) is payable on the “first full pay period” after 1 July 2025. This means that the FWC increase will be implemented differently for each Employer depending on their usual ‘pay day’.
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It depends on the employment contract/EA. For this reason, the outcome may vary for individuals – so check your documents carefully!
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FWC approved a 3.50% increase in all Award rates and the National Minimum Wage (NMW) which takes effect from the first full pay period after 1 July 2025. The decision will lift the NMW from $24.10 to $24.95 an hour or $915.90 to $948.00 a week based on a 38 hour week.
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Bullying is one of the most overused and misunderstood terms in employment law. Employers and their managers regularly voice concerns that the term has become weaponised. But has it? To what extent does genuine but firm management still have its place in a contemporary workplace?
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Yes. Provided the skills are objectively necessary for the operational requirements of the business.
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Yes or at least they are showing that, with appropriate evidence, FWC won’t tolerate them! In Mitchell Fuller v Madison Branson Lawyers Pty Ltd [2025] FWC 784 (7 April 2025) the FWC found an employee had wrongfully and dishonestly claimed sick days using an online medical certificate and subsequently a statutory declaration so he could attend the AFL’s Gather Round in Adelaide and in doing so was justifiably summarily dismissed.
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The High Court in Elisha v Vision Australia Limited [2024] HCA 50 (11 December 2024) has made it clear that an employee can claim damages for psychiatric injury if an employer breaches its disciplinary procedures incorporated into an employment contract.
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The FWC recently (Samuel Shilson-Josling v Atomic Search Pty Ltd [2024] FWC 3255 (25 October 2024) held that employees are not immune from redundancy while on leave or under flexible working arrangements provided operational issues necessitate it and the redundancy is genuine.
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Possibly - if any of the FWC’s recent decisions indicate a ‘trend’ to be concerned about. Prior to the end of 2024, employers were rightly confident that breaches of their Alcohol and Other Drugs (AOD) Policy provided a valid reason for dismissal and, depending on the seriousness, it was not unfair for an employee to have lost their job. However, a raft of recent FWC decisions appear to have adopted a ‘new approach’ whereby this has been significantly called into question.
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