Loophole closed

UNSCRUPULOUS employers will not be able to take advantage of casual employees following amendments to the Fair Termination legislation that passed through Federal Parliament last week.

The Workplace Relations Amendment (Fair Termination) Bill closes a loophole that could be exploited by employers.

In November 2001, the Federal Court ruled invalid regulations in the proposed bill that excluded casual workers from unfair dismissal remedies if they had been employed less than 12 months.

Previously employers could avoid unfair dismissal claims by dismissing casual workers just before the 12-month limit and employing them again immediately after. The amendments also allow casual employees to pursue claims of unfair dismissal on a discriminatory basis at any time, and introduce a filing fee for the lodgement of termination of employment applications.


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