Federal fair termination bill through Parliament

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Federal fair termination bill through Parliament

Casuals will be prevented from making unfair dismissal claims until they have 12 months regular and systematic employment under federal legislation that passed through Federal Parliament yesterday.

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Casuals will be prevented from making unfair dismissal claims until they have 12 months regular and systematic employment under federal legislation that passed through Federal Parliament yesterday.

The Lower House accepted the Senate's amendments to the Workplace Relations Amendment (Fair Termination) Bill following a government deal with the Democrats (see previous article).

The Democrats' amendments would prevent employers from avoiding unfair dismissal actions by dismissing casual employees before 12months service is up and then re-employing them. They also provide for casuals to seek remedies for unlawful dismissal on grounds such as discrimination.

The legislation came into focus after a decision of the Federal Court invalidating regulations that purported to exclude these employees (Hamzy v Tricon International Restaurants t/as KFC [2001] FCA 1589).

The legislation also inserts new provisions into the Act requiring a fee to be paid when termination of employment applications are lodged, and providing for this fee is to be indexed annually in line with movements in the Consumer Price Index.

 

 

  

 
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