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Christmas Parties: Obligations for Employers

With a busy month ahead for many businesses holding work social functions and Christmas parties it is a good time to consider your workplace policies and practices and how they apply to social functions and behaviour that is outside the usual office or workspace. Our regular, seasonal warning is about the multiple risks facing an employer in holding work Christmas…
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FWC Orders Reserve Bank to compensate manager

In a recent ruling, the Fair Work Commission (FWC) has ordered the Reserve Bank of Australia (RBA) to pay compensation to a long-serving manager who was dismissed under what was described as “unnecessarily abrupt” circumstances. The decision highlighted concerns over the fairness of the dismissal process, despite the bank having a valid reason for the termination. Background of the Case…
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Can employers pressure employees to sign a new employment contract?

Clint Dupre v Excell Protective Group Pty Ltd [2024] FWC 2313 (2 September 2024) Facts An employee refused to sign a new employment contract with a related entity unless amendments were made to address his concerns about the broader restraint clauses, the commission structure and the confidentiality agreement. Despite this, when the employee received a subsequent email on 6 March 2024…
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Communicating to employees about a lapsing fixed term contract could be deemed a dismissal by the employer

Warren George Francis v Volunteer Marine Rescue Assoc Qld Inc [2024] FWC 978 (16 April 2024) Facts A training officer employed by Queensland’s Volunteer Marine Rescue (“VMR”) filed an adverse action claim against his employer for dismissing him 2 weeks before his fixed term contract ended by communicating to him that they wouldn’t be renewing his contract. The officer started…
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Commission provides guidance on Flexible Work Arrangements

The Fair Work Commission (FWC) has highlighted the importance of providing specific and detailed reasons when refusing flexible working arrangement requests, cautioning against “generic and blanket HR answers.” This case involved a FedEx clearance classifier who sought to work entirely from home due to his significant caregiving responsibilities. Background The employee, who joined FedEx in April 2015, requested a flexible…
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Drug test not required to justify termination

The Fair Work Commission has dismissed an employee’s Unfair Dismissal claim despite there being procedural deficiencies in the termination process. A forklift driver who had been employed at Pmfresh Pty Ltd for approximately 3.5 years was terminated after admitting to regular drug use following a workplace incident and claiming that he could not do much damage with the equipment he…
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