1. WEEKLY INSIGHT
NEVER SEEN BEFORE FWC CASE: CONFLICT OVER JOB TERMINATION, WHETHER IT WAS RESIGNATION OR DISMISSAL
- Australian workers resign from their Jobs in February 2024
- Later, the same worker returns to the employer with an agreement to continue employment with a flexible schedule for childcare.
- The employer accepted the resignation after the employee requested to miss work due to family sickness.
- Next, the employee receives an email stating termination of employment on May 2, 2024.
- Communication from the employer indicated dismissal, not an acceptance of resignation, according to the FWC.
The worker had been employed since November 4, 2016, and the initial resignation was made on February 20, 2024, to take effect on March 19, 2024, which never happened due to a new agreement.
- Despite planned end-of-year departures due to relocation and some absences, these were not deemed unauthorised.
- The FWC ruled in favour of the worker, stating that the employer terminated the employment and dismissed the employer’s claim of accepting the worker’s resignation.
- FWC reiterated, “You can’t unilaterally revive the initial resignation for termination.”
2. HR/IR & LEADERSHIP
THE PUBLIC SECTOR’S GROWING REDUNDANCY PROBLEM
- Over a quarter (27%) of employers anticipate making redundancies in the September quarter, an increase from 23% in the June quarter.
- A significant rise in expected job cuts within the public sector, with 60% of employers looking at redundancies, up from 31% in the previous quarter.
- Private sector redundancy intentions remain at 21%, unchanged from June to Sep quarters.
- Apprehension is growing, likely due to economic uncertainties and the need to streamline operations.
- The stark contrast between the public and private sectors may reflect different challenges or adaptability levels in facing market pressures.
3. TEAM DIARY
EMBRACE OUTSOURCING THE NEW NORM FOR HR FUNCTIONS
In this week’s newsletter, we’re introducing a new segment. If you can answer the following question on your own, there’s no need to worry about outsourcing your HR tasks or functions. However, it might be time to contemplate outsourcing if you cannot do so.
QUESTION – “What is the current high-income threshold according to the Fair Work Act?”
ANSWER – This has been indexed and has increased since 1 July 2024 TO AU$175,000. Non- for employees who earn an excess of this amount cannot file for unfair dismissal.
Outsource with marvinHR starting at just $1000 per month, for:
- Cost efficiency: bypassing the need for an in-house HR department
- Enhanced focus on core business activities
- Guaranteed enhanced compliance
- Improved recruitment and talent management with advanced tools
4. THIS WEEK’S TOP 4 HR READS
- Australia churns out new jobs even as unemployment rises
- Employment offer withdrawn following discovery of criminal record
- The highest figure for wage intentions recorded in any of AHRI’s six Australian Work Outlook surveys published to date.
- ‘Troubling trend’: Employee happiness drop to 4-year low in May
