Tag: employmentlawtweed

The COVID 19 Vaccination – can you force an employee to “take the jab”?

Roll out of the COVID-19 vaccination is expected to commence in March and employers may then need to decide whether to require mandatory vaccination of employees against the virus. This is a multi-dimensional issue requiring consideration whether the direction is both reasonable and lawful, health and safety obligations, and whether a mandatory vaccination policy could give rise to claims such as discrimination, adverse action or unfair dismissal etc.

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Casual Employee Resignation

Resignation: do casuals have to give notice?

Does a long-term casual employee have to give notice of resignation? This question has recently been posed the question by a number of clients.

Generally, there is no requirement for casual employees to provide any notice by the employee or by the employer to the employee. The required period of notice of termination to be given by an employee upon their resignation is determined by the applicable modern award, enterprise agreement or the terms of an individual’s contract of employment.

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HR, Employment Law

Fair Work Commission’s Endorsement of PIPs and Dismissal Process – A Lesson in Getting the Process Right

Many of our clients who have been to our Performance Management, Discipline and Termination Seminars would be familiar with Performance Improvement Plans (PIPs) and how important they are in the performance management process and possible termination of staff. Those seminars also highlighted the need to undertake a fair and reasonable process in the termination of employment

In a recent decision in the Fair Work Commission (FWC) Hogendorn v Nokia Solutions and Network t/a Nokia [2020] FWC 4476, 25 August 2020, the FWC has upheld an employer’s PIP finding that the employer’s performance improvement and dismissal processes were “properly instituted and undertaken”.

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Resized Judge And Gavle

Australia’s First Industrial Manslaughter Case Decided – A Wake Up Call for Employers

There has been a landmark verdict in Queensland’s first prosecution of a company for industrial manslaughter.

A Brisbane scrap metal yard (Brisbane Auto Recycling Pty Ltd) has been fined $3 million and its two directors sentenced to 10 months imprisonment, wholly suspended,  for industrial manslaughter, for reckless conduct after a worker was hit by a reversing forklift and later died from his injuries.

The offence of industrial manslaughter was introduced in Queensland in October 2017 and, since then, almost all other Australian states and territories have moved to introduce similar legislation.

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Fair work Commission

Out of the Ordinary Approach by FWC in “Unprecedented” Times

The term “unprecedented” is now being widely used in the current industrial relations landscape. This is particularly the case with many well entrenched industrial relations principles being dispensed with (albeit temporarily) by the Fair Work Commission during the current crisis.

The FWC is now considering varying 103 awards to include unpaid ‘pandemic leave’ and the flexibility to take annual leave at half pay.
The FWC Full Bench is proposing to vary awards to:

  • provide up to two weeks unpaid leave for an employee required to self-isolate or is otherwise prevented from working because of measures taken by government or medical authorities in response to the COVID-19 pandemic; and
  • allow an employer and employee to agree to take double annual leave on half pay.

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