A well-drafted agreement protected the employer from an adverse action claim

Mr Mark Feldschuh v Strong Room Technology Pty Ltd [2024] FWC 216 (25 January 2024) Facts A former director of an AI company sought to bring an adverse action claim. His former company objected on the basis that he did not have the standing to bring the case. The applicant joined the company’s board of directors in December 2019 and…
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Analysis shows anticipated impact of Casual Conversion Laws

The Department of Employment and Workplace Relations (DEWR) has conducted an impact analysis on the effect of the proposed Closing Loopholes Part Two Bill Casual Conversion Provisions. These provisions will introduce a new definition of casual employment and a new pathway for casual conversion. Broadly speaking, casual employment will now be defined as where there is an absence of a…
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New Rules for Fixed Term Contracts

New rules (or ‘limitations’) regarding the use of fixed term contracts are in place as of 6 December 2023. Fixed term contracts are where the employee is employed for a specific period. What’s new for employers? There are 3 rules (or ‘limitations’) which all must be followed: Time limitation Cannot be longer than 2 years, including extensions and renewals Renewal…
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Welcome back to the ‘Silly Season’?

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 Reject Flexible Working Arrangement despite Medical and Custody Pressures

New provisions of the Fair Work Act allow a broader category of person to make a request for Flexible Work Arrangements. However, in a significant decision under the Secure Jobs Act’s flexible work provisions, the Fair Work Commission (FWC) ruled against an employee with irritable bowel syndrome who sought to continue working from home full-time. The employee, an advisor at…
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Large disability bias payout for “excluded” teacher

In the case of Studart-Teles and The Department of Education and Training (State of Victoria), the Victorian Civil and Administrative Tribunal awarded $236,000 in damages to a long-serving language teacher for discrimination based on disability. The teacher, after suffering a spinal stroke in November 2018 that left him with significant disabilities, faced “exclusion” from Blackburn English Language School for two…
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