Hands up if you know that casual staff can’t claim for unfair dismissal? If that’s you – think again. In the 2018 decision Gwatkin v Sai Group of Businesses t/as Premier Hotel Pinjarra*, the Fair Work Commission (FWC) held that a casual employee was entitled to an unfair dismissal remedy on the basis they met the minimum employment period, that their work pattern was ‘regular and systematic’ and they had an ongoing expectation of work. [cue sound of record needle …
3 (employment) things you need to know before selecting your company structure
In your business’s lifetime, there may come a point you think about changing your business structure. If you’re thinking of becoming a Pty Ltd entity, or making any change that changes which systems of industrial relations apply to your business, there are some things to considering at the planning stage 1) There are two industrial relations systems that apply in Australia The national system – managed by the Fair Work Ombudsman – covers Proprietary Limited companies – that is, Pty …
An HR basic which could save your business money
Did you know… there are two systems of workplace laws in Australia and using the right one could save you money and headaches? Generally speaking, if a business is set up as a “Proprietary Limited company” – that is, as a Pty Ltd entity which hasn’t offered shares to the general public – then staff fall under the national employment system. This is managed by the Fair Work Ombudsman (www.fwo.gov.au). But if a business is set up as a sole …