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Out-of-hours conduct sufficiently connected with employment? The Commission “draws the line” in a recent unfair dismissal case
A recent unfair dismissal case has further explained where the Fair Work Commission “draws the line” on when out-of-hours conduct is sufficiently connected with employment to provide a valid reason for an employer to dismiss an employee for out-of-hours conduct. On 10 March 2021, following a compulsory Workshop that ended at 4pm, the employer had organised a social event for employees, the “Sundowner”. Some of the features of the “Sundowner” event included: optional attendance; employees were not paid for this time if they chose to attend; employees wore smart casual dress, not uniforms; there was no employer signage or branding, but employees were encouraged to gather at a particular section of the main bar; employees had a wristband identifying them as the employer’s guests so they could obtain free drinks at the bar; and the employer’s bar tab closed at around 7pm. The employer termina...
15 February 2022New Sex Discrimination and Respect at Work Legislative Changes
Provisions in the Fair Work Act 2009 (Cth), the Sex Discrimination Act 1984 (Cth) and the Australian Human Rights Commission Act 1986 (Cth) were amended on 11 September 2021 with the passing of the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth). Some of the key amendments are: Fair Work Act 2009 (Cth) Compassionate Leave The amendments provide another ground of entitlement for two days of compassionate leave where the employee, or the employee’s spouse or de facto partner, has a miscarriage. The legislation already provides compassionate leave to an employee in circumstances of a stillborn child in the employee’s immediate family or employee’s household. Compassionate leave is paid leave for employees except for casuals where the leave is unpaid. Unfair dismissal A new note has been inserted into the unfair dismissal provisions t...
4 October 2021Changes to the unfair dismissal remuneration cap, national minimum wage, minimum award rates and filing fees
Introduction New award rates, unfair dismissal thresholds and other changes in the employment arena have been announced, some of which commence from 1 July 2021. These are some of the main changes. Unfair dismissal threshold (high income threshold) and maximum compensation cap The high income threshold will increase from the previous $153,600 to $158,500 from 1 July 2021. This means employees whose annual rate of earnings is $158,500 (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 will increase from $76,800 to $79,250. National minimum wage The national minimum wage will increase to $772.60 per week or to $20.33 per hour (calculated on the basis of a 38-hour wee...
29 June 2021