When your employees are regularly working hours beyond their contracted hours, or beyond 38 hours per week, there is a risk they will claim those additional hours are ‘unreasonable’.
We have summarised the law surrounding this claim and lessons from recent cases.
The Full Bench of the Fair Work Commission (FWC) has held that a school wrongly refused a teacher’s flexible working arrangement request, because its response did not meet all of the requirements set out in the Fair Work Act 2009 (Cth) (FW Act).
The Fair Work Commission (FWC) has found a nanny who was paid cash-in-hand and who had agreed to be labelled as a contractor was an employee for the purposes of dealing with a general protections dismissal dispute. In the decision, Deputy President Butler examined the ordinary meanings of employee and employer and their relationships with the meaning of contractor.
Unfair dismissal cases are the last thing a transport operator wants to see landing on their desk. A recent case in the Fair Work Commission (FWC) is an example of how it can go wrong if you don’t address the issue squarely.
The Fair Work Commission (FWC) has ordered a workplace to allow an employee to work an additional day per fortnight at home to be with his young child. The FWC decision came about after the employee’s individual flexibility arrangement (IFA) request was denied.