There are a number of factors that determine an employee’s eligibility to make an unfair dismissal claim. Just because an employee may feel as if they’ve been wronged, doesn’t necessarily mean that they are eligible to make an unfair dismissal claim.
Workplace issues pose a number of unique challenges to businesses of all sizes. From day-to-day employee management to specific problems such as absenteeism or situations that result in firing an employee, employers are often required to take a specific action
Most employers will already be aware of the need for flexibility during the crisis and its aftermath in relation to supporting employees during the clean up, difficulties they may face in attending work, providing time off for participation in any emergency services duties, etc. This is of course in the context of their business being able to re-open as quickly as possible and to resume normal business operations.
In 2020 and 2021, businesses were forced into a reactive approach to COVID-19, having to quickly implement work from home processes, putting together COVID-19 safety plans and assessing COVID-19 vaccination strategies and policies in quick succession.
A legislative change in late December 2021 has seen employees in Western Australia officially gain an additional public holiday over the Easter long weekend, commencing this year. Prior to this change, only Good Friday and Easter Monday were gazetted Public Holidays for employees in WA, with Easter Sunday not recognised as a public holiday and treated as a normal day for employers and employees. However, on 16 December 2021, the Industrial Relations Legislation Amendment Bill 2021 was passed by State Parliament, making Easter Sunday a gazetted public holiday permanently into the future.
The issue of meal and rest breaks began with one class action in a single franchise network a few months ago, however now it has evolved to numerous class actions across multiple different franchises. The claims from the workers and their representation are essentially the same, they have been either deliberately denied rest or meal breaks, or the breaks haven’t been enforced as required under the awards or agreements they are covered by.
We often hear our clients say “Help me get this person out of my business!” We like to hear this, as we can provide the correct advice on how to either safely terminate an employee, or manage them to improve their performance so they can provide value to the business.
The FWO’s successful prosecution of the Yogurberry franchise has raised many questions on how franchisors can protect themselves from “accessorial liability” – being an accessory for payroll contraventions of the Fair Work Act.
As with the normal workplace, the employer has a responsibility to take reasonable steps to ensure employee safety and health and to provide an environment free from harassment and discrimination. Inappropriate behaviour at staff functions, which can be attributed to “good cheer” which often accompany these social events, can lead to employers being held liable.
Disgruntled dismissed employees are increasingly lodging General Protections (GP) applications compared to Unfair Dismissal actions, despite unfair dismissals still being more common overall.
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