Unfair Dismissal & Casual Employees In Australia - Everything You Need To Know Since The Introductio

Careful care must be taken by businesses to Manage termination of Casual employees

particularly in consideration of the introduction of these Fair Work Act 2009 (Cth) and recent decisions made by Fair Work Australia.

Prior into the introduction of those Fair Work Act casual employees were limited into their use of unfair dismissal Nonetheless the new legislation now allows casual employees to seek remedy for unfair dismissal.

The new legislation delivers that if the casual employee is working on a regular and systematic basis as nicely as having a reasonable expectation of continuing work, then they will have the same rights to claim for unfair dismissal as a permanent employee.

The minimum qualifying period of employment for employees to get usage of unfair dismissal has changed as properly with other 12 months being the minimum period for a little business and 6 months to get a larger business. If you were not aware, a small organization is now classified as much less than it is 15 employees and it is covered by the small enterprise dismissal code. This efficiently means that businesses with other only one employee are not exempt from unfair dismissal.

Businesses will now need to consider specifically what regular and systematic means. even if an employee doesn't work the same shifts nor the same amount of hours every week, this does not mean that they're not classified as irregular or non systematic employees.

A guideline to regular and systematic employees may well be:

a clear pattern or roster towards the hours and days worked; or

where There is certainly no pattern or roster then the regular offer of work when available, at times when the employer knows that the employee has generally made themselves on the market to work; and

instances where work is offered and accepted sufficiently typically that it could no longer be regarded as simply occasional or irregular.

The implications of this for Australian businesses is that It's increasingly tough to dismiss casual employees and businesses seem to be essentially needed to conduct a basic performance management approach akin to full time employees.

It will be interesting to examine if this posseses an effect about the wide range of employees engaged by businesses on a casual basis, in particular mothers returning in to the workforce.

by: Neva Joles

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