Employees can make unfair dismissal claims if they’re covered by a modern award or enterprise agreement. Those not covered can make claims if they earn less than the high income threshold
With an election due in the next 12 months and the Coalition Government performing poorly in polls leaving a potential change of government well within the bounds of possibility, there has been a quickening of interest surrounding workplace relations policy issues.
To successfully defend an unfair dismissal claim, an employer must be able to satisfy the Fair Work Commission (FWC) that the dismissal was not harsh, unjust or unreasonable.
A plumbing business has been fined $100,000, and its director $21,500, after it failed to pay overtime to an apprentice and meet its record-keeping obligations. The penalty was high, relative to the underpayment, because of the employer’s dreadful treatment of a young apprentice.
The tension between traditional employment law frameworks and the gig economy has come to the fore once again after the Fair Work Commission holds that an Uber driver is not an employee.
In a recent case, the FWC granted its first interim order issued in its anti-bullying jurisdiction, effectively issuing an injunction to stop an employer from proceeding with a workplace investigation. This case demonstrates that dealing with a bullying complaint in a fair way is highly desirable to avoiding external intervention.
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