Tag: Fair Work Commission

When Holiday Parties Go Wrong: Avoiding Legal Hangovers

Posted on December 12, 2024 Posted inIRIQ ArticlesTags:Christmas Party, Constructive Dismissal, Employee Relations, Employment Law, Fair Work Commission, HR, Workplace Conflict, Workplace Policies, Workplace Relations

A mishandled confrontation at a Christmas party led to a constructive dismissal ruling and maximum compensation, reminding employers to treat... Continue reading

Navigating Award Risks in Enterprise Agreements: Lessons from DP World

Posted on October 28, 2024 Posted inNewsTags:Award Incorporation, Employee Relations, Employment Law, Enterprise Agreements, Fair Work Commission, Industrial Relations, Workplace Policies

Incorporating awards into enterprise agreements offers benefits but also presents risks, as highlighted by the recent CFMMEU v DP World... Continue reading

Policy Implementation: More Than Just a “Tick and Flick”

Posted on October 25, 2024 Posted inNewsTags:Employment Law, Fair Work Commission, Unfair Dismissal, Workplace Conflict, Workplace Policy, Workplace Relations, Workplace Training

In a recent case, Christmas Island Phosphates dismissed a truck driver for inappropriate conduct. While the Fair Work Commission found... Continue reading

The Dangers of Poor Workplace Investigations in Sexual Harassment Cases

Posted on October 14, 2024 Posted inNews, IRIQ ArticlesTags:Employee Rights, Fair Work Commission, Sexual Harassment, Unfair Dismissal, Workplace Investigation, Workplace Relations

Rushed or incomplete workplace investigations can expose employers to unfair dismissal claims—even in serious cases like sexual harassment. Recent rulings... Continue reading

Navigating Flexible Work Requests: Key Insights from the Ridings v FedEx Decision

Posted on September 16, 2024 Posted inNewsTags:Employment Law, Fair Work Commission, Flexible Work, Workplace Relations

The Fair Work Commission found FedEx's refusal of an employee's flexible work request lacked sufficient justification. While FedEx cited business... Continue reading

Do Not Judge a Book by its Cover – Independent Contractor vs Employee

Posted on August 9, 2024 Posted inNewsTags:Employment Classification, Fair Work Commission, Workplace Relations

A recent Full Bench decision by the Fair Work Commission highlights the importance of correctly classifying workers as employees or... Continue reading

A Cautionary Tale for Employers – Case Study of Pece Calovski v Opal Packaging Australia Pty Ltd [2024] FWC 1717

Posted on July 15, 2024 Posted inIRIQ ArticlesTags:Fair Work Commission, Unfair Dismissal, Workplace Investigation

The Fair Work Commission reinstated Mr. Calovski, an Opal Packaging employee, after finding his dismissal for misconduct lacked procedural fairness.... Continue reading

Fire Technician’s Risky Return: Dismissal Justified by WHS Violations

Posted on June 10, 2024 Posted inNews, IRIQ ArticlesTags:Employment Law, Fair Work Commission, Unfair Dismissal

The Fair Work Commission upheld the dismissal of Mr. Doherty from Defend Fire Services due to a serious breach of... Continue reading

Successful Vote Decisive Despite Absence of Good Faith Bargaining – For Now

Posted on May 23, 2024 Posted inNews, IRIQ ArticlesTags:Fair Work Commission, Good Faith Bargaining, Workplace Relations

In Application by SDA for a bargaining order re Sephora Australia Pty Ltd [2024] FWC 1225 (Deputy President Bell, 13 May 2024), despite... Continue reading

Australian Federal Court Decision Clarifies Employer Obligations During Restructuring and Redundancy – subject to special leave application – subject to appeal

Posted on May 16, 2024 Posted inNews, IRIQ ArticlesTags:Employment Classification, Employment Law, Fair Work Commission, Unfair Dismissal

Key Takeaways for Employers Helensburgh Coal Pty Ltd v Bartley [2024], a recent decision of the Full Federal Court of... Continue reading

Casual Conversion onus moving to Employees

Posted on May 10, 2024 Posted inNews, IRIQ ArticlesTags:Employment Classification, Employment Law, Fair Work Commission

There are just over three months from the implementation of changes to the definition of casual employee and the introduction... Continue reading