Article Type:  Analysis and Opinion

Full Bench upholds Bupa’s right to change rosters in line with resident care needs

Read why the Full Bench upheld Bupa’s right to change the rosters of over 2,200 part time employees across its 29 aged care homes in NSW in this article by Calum Cook – Bupa A&NZ’s Deputy General Counsel – Care Services, Employment and Litigation.

Why the FWC reinstated employees because their dismissals were unfair and not genuine redundancies?

In the Paul Williams and Ors v Staples Pty Ltd case, “the FWC ordered the applicants be reinstated in light of the available redeployment opportunities, the fact that there was no evidence of any deterioration in the employment relationship and the applicants’ unblemished work records.”

FWC will review abandonment clauses in all modern awards

In Boguslaw Bienias v Iplex Pipelines Australia, a team leader failed to show up to work for a fortnight. During his absence, Iplex attempted to contact the employee by phone, in writing, and even arranged for the police to conduct a welfare check on him. The employee did not respond. As a result of this case’s decision, the FWC announced that it will review abandonment clauses in all modern awards.

Intoxicated worker unsuccessfully sues for employer’s request for alcohol screening

In Pere v Central Queensland Hospital and Health Service [2017] QDC 2, Mr Pere, a Fire Safety and Security Officer at the Gladstone Hospital, presented to work in what appeared to be an intoxicated state. He was requested to attend the emergency department of the Hospital to undertake blood and urine tests. The results of the tests established a four times the legal limit.

Does a summary dismissal still need to follow a process?

Jim Roberts of Hesketh Henry reminds us in this article that “while some incidents might be so flagrant or reckless and easily evidenced (for example by security footage) that they appear to justify termination on the spot, it is important that the alleged behaviour is properly investigated and a lawful process is carried out.”