Posts: employment

Workplace Law's Managing Director and Principal, Athena Koelmeyer, explores two key areas that have undergone significant change over the past few years and will undergo yet another change under these amendments – that is, the changes to casual employment and the new definition of employment.

In March 2021, the casual employment amendments to the Fair Work Act 2009 (Cth) (FW Act) introduced a new statutory definition of “casual employee” and an entitlement to casual conversion as one of the National Employment Standards (NES).

Employers often supplement their workforce by utilising casual employees to perform work in addition to that performed by permanent employees. While such engagements might start out as irregular (or, truly casual), it is not uncommon for casual employment to become regular and systematic, and for a casual employee to develop an expectation of continued employment.

The Full Court of the Federal Court of Australia recently handed down a decision that is likely to have significant impacts on the accrual and taking of personal/carer’s leave, not to mention the management of the entitlement by employers.

There is no doubt that swearing in the workplace is unacceptable - the Fair Work Commission (FWC) has repeatedly held that swearing in an abusive manner that is directed towards others is a valid reason for dismissal.

The FWC has reduced an employee’s entitlement to redundancy pay to nil after an employer successfully argued that it obtained ‘other acceptable employment’ for the employee, which the employee had refused.

Casual Employment, Supply Chain, Contracts, Gig Economy, Restraints of Trade, Enterprise Agreements, Work Health & Safety.

Employment Issues, Industrial Issues, Bullying, Harassment and Discrimination, Unfair Dismissal / Adverse Action, Modern Awards, Workers Compensation