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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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Key Legislative Reforms and Budget Measures for Employers starting 1 July 2024

As the new financial year commences, employers must stay informed about various legislative reforms and Federal Budget measures that will significantly impact their operations. Below is a detailed overview of the key changes: National Minimum Wage and Award Wages Effective immediately, the National Minimum Wage and minimum Award wages have increased by 3.75%. This adjustment is crucial for ensuring fair…
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Fair Work Minimum Wage Increase Decision for 2024

The Fair Work Commission has released its 2024 Annual Minimum Wage Decision, awarding a 3.75% increase to the national minimum wage rate and to award rates of pay. An estimated 2.6 million workers around the country will be affected by the change. The FWC decision increases the national minimum wage to $915.91 per week – or $24.10 an hour. This constitutes…
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