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FWC Annual Report 2017-18
The Fair Work Commission’s 2017-18 Annual Report includes several noteworthy points summarised in the table below: Types of applications lodged with the Fair Work Commission Median time between lodgement and conciliation for unfair dismissal applications = 27 days Median time taken for agreement approval without undertakings = 32 days Total number of applications lodged with the Commission = 31,554 ↓ 5% General protections claims involving dismissal = 4,117 ↑ 388 claims Unfair dismissal applications = 13,595 [This decrease suggests that employees prefer general protections claims due to the availability of uncapped damages] ↓ 540 cla...
19 October 2018Dishonesty can be a valid reason for dismissal, even if not the original reason
The Fair Work Commission has found that an employee’s dishonesty during the “recruitment, employment and investigation process” was misconduct constituting a valid reason for the dismissal, despite dishonesty not being the original reason given by the employer for the termination of the employment. Mr Duggan commenced his employment as a firefighter in 2015 and was involved in NCAT proceedings in relation to allegations of indecent and sexual assault during his former occupation as an osteopath in 2009 and 2010. The employer’s initial reason for the dismissal was that because of the NCAT’s decision, the employee “was not a fit and proper person with the necessary level of personal integrity required of a firefighter”. The Commission found that this was not a valid reason for the dismissal in this case. However, it was ultimately held that the employee was dishonest regarding his response to “questions during his formal job ...
31 August 20181 July 2018 changes to the unfair dismissal remuneration cap
Introduction New rates, thresholds and other changes in the employment arena commenced from 1 July 2018. The following article briefly summarises the main amendments that employers should be aware of. Unfair dismissal threshold (high income threshold) and maximum compensation cap The high-income threshold increased from the previous $142,000 to $145,400 from 1 July 2018. This means employees whose annual rate of earnings is $145,400 (which excludes statutory superannuation) or more and who are not covered by an award or enterprise agreement, are unable to pursue an unfair dismissal application. The change also means that the maximum compensation that can be awarded for an unfair dismissal claim increased from $71,000 to $72,700. National minimum wage The national minimum wage has increased to $719.20 per week or $18.93 per hour (calculated on the basis of a 38 hour week for a full time e...
28 June 2018