The Fair Work Commission has no choice but to make an order requiring labour hire workers be paid the same pay rates as their directly employed counterparts at a site, the Mining and Energy Union is arguing in the first 'same job, same pay' application.
An employer constructively dismissed a casual when it ceased all communication with him after he sought to clarify his employment and pay rate, the Fair Work Commission has ruled.
Removing a casual worker from a group chat and reassigning her "regular" shifts to other employees didn't constitute a dismissal, the Fair Work Commission has found.
It was "disingenuous" of an employer to claim it didn't dismiss a casual worker, after it removed her from an assignment due to misconduct allegations, then made no attempt to give her further shifts, the Fair Work Commission has ruled.
The new definition of 'employee' in the Fair Work Act will likely result in an increasing number of claims by individuals "effectively testing the multifactorial test again", according to a workplace lawyer.
The latest Closing Loopholes' legislation contains "significant changes around casual employees", an employment lawyer says in setting out how to comply.
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