INDUSTRIAL RELATIONS UPDATE
Allison Park - THA Industrial Relations Manager
SpotlightonFairWorkclaims We are seeing a significant rise in the number of claimsbeingbroughtagainstmembers, from(mostly) employees who have exited their employment. Now with the ‘General Protections’ avenue available to all individuals (this provides a route for both dismissal and non-dismissal related matters), we have seen quite an increase in the number of short term casuals making claims for a dismissal related matter. In thisareaof FairWork therearenoeligibility parameters such as length of service as exists in an unfair dismissal claim. In terms of unfair dismissal claims we are seeing quite an openness in the Commissiontoconsiderapplications lodgedlate, that is in excess of the ‘within 21 days from the termination date’. Typically, exceptional circumstancesmust exist for a claim to not be dismissed that is lodged outside of the 21 days, unfortunately we are now seeing claims heard where exceptional circumstances do not exist. A steady amount of underpayment claims via the Fair Work Ombudsman are also being seen.
The process of responding to a claim, preparing for and attending a conciliation conference and potentially preparing for and attending a full hearing is very rigorous and time consuming. We are seeing quite an amount of pressure being placed on members at the time of a conciliation hearing to settle the matter financially. To date we have been successful in fighting the majority of claims where we have provided representation for our members. Each occasion provides us with valuable insights into the focus and expectations of the Fair Work Commission, notwithstandingthoughthetimecommitmentrequired of the parties is very heavy and very inconvenient for our members trying to also run their business. We urge all of our members to work very closely with us where there is any chance of a matter relating to disciplinary action, a pay dispute or in fact any uncertainty around payments, entitlements or any process related to employees, including casuals. Not only can we guide members in the safest possible way, we can impart valuable knowledge gained from other claims we have represented.
THA HOSPITALITY—REVIEW: JUNE 2021 | 10
Made with FlippingBook - professional solution for displaying marketing and sales documents online