Workers on "outer limits" fixed-term contracts and long-term casuals have been given more latitude to pursue unfair dismissal claims after an FWC full bench decision that brings the accepted precedent on employer-initiated terminations into line with Fair Work Act provisions.
The FWC has rejected an IR practitioner's bid to shift from casual to continuing employment, finding that even if he was eligible, his employer's agreement provided no implicit "right" to convert.
In a landmark judgment upholding a casual employee's right to convert to permanency on a "like for like" basis, the Federal Court has concluded it should fine Toll more than $40,000 and order it to compensate a freight handler for refusing to grant his request for full-time employment from May last year.
Employer's text didn't dismiss employee; Correct ABN speeds application amendment; Bench clears way for challenge to authority on fixed-term contracts.
The CFMEU's mining and energy division has welcomed an FWC ruling not to allow the spread of casual workers in the black coal mining industry, vowing to resist future "attacks" on award conditions.
A five-member FWC full bench has ruled today that modern awards should enable casual employees to elect to convert to full-time or part-time employment, subject to certain rules and restrictions.
A court has found that a driver engaged as a casual under a labour hire arrangement is an employee who is entitled to annual leave payments under the Fair Work Act.
The Australian Industry Group has asked the Fair Work Commission to expressly reject a recent majority finding that redundancy payouts must include regular casual service.
"Redundant" safety advisor wins extension of time; Casual whose name was dropped from list loses appeal; Poor advice from national embassy wins 457 employee claim extension.
Employers calculating redundancy payments will have to count periods of regular and systematic casual employment before workers became permanent, after a Fair Work Commission majority ruling that a dissenting member warns could retrospectively bestow other entitlements such as annual leave.
