First published on Tuesday, February 18, 2025
Last updated on Wednesday, February 19, 2025
Welcome to HR Heartbeat, where we give you a rundown of the week’s top employment law stories. Stay on the pulse of current trends impacting your business, plus get up-to-the-minute commentaries on all things HR and legal.
This week, we’re looking at a major Fair Work Commission (FWC) ruling on drug testing, a hairdressing salon facing legal action over unpaid compensation, and the impact of Australia’s new right to disconnect laws.
Can you dismiss an employee over a positive drug test? A long-serving port worker recently won his job back after being dismissed for testing positive for cocaine metabolites. Despite having no history of drug-related incidents, his employer terminated him based on its strict drug and alcohol policy. However, the FWC ruled the dismissal was unfair, noting that the worker was not impaired while on duty and had consistently complied with company policies for years.
This case highlights a key issue for employers: while workplace safety is critical, disciplinary action should consider the full context, including past compliance and potential rehabilitation options. Clear, legally sound drug and alcohol policies can help businesses manage these situations effectively. BrightBase provides up-to-date policy templates to help you navigate complex HR decisions while ensuring compliance with Australian workplace laws.
Hair salon in legal trouble for ignoring FWC orders A Sydney hairdressing business is facing legal action for failing to compensate a teenage apprentice who was unfairly dismissed. The FWC had ordered the employer to pay over $14,000 in compensation plus superannuation, but the business failed to comply. Now, the Fair Work Ombudsman is taking legal steps to enforce the order, which could result in hefty fines.
For small business owners, this case is a crucial reminder: ignoring FWC rulings can lead to severe financial and legal consequences. If an employee dispute arises, it’s essential to follow the correct legal processes and meet all obligations. BrightHR’s software helps you stay on top of employment regulations, reducing the risk of costly mistakes.
Right to disconnect leads to 33% drop in unpaid overtime New research shows that unpaid overtime has dropped by 33% since Australia introduced its right to disconnect laws. Employees are now working fewer unpaid hours, particularly younger workers, who have seen a 40% reduction. The findings suggest that these laws are helping employees reclaim personal time and set clearer boundaries between work and life.
However, the debate continues, with some political leaders pushing to overturn the right to disconnect. If that happens, businesses may see increased pressure from employees seeking compensation for out-of-hours contact. Clear communication about expectations, work hours, and overtime policies is more important than ever.
With work-life balance a growing priority, Australia’s Fair Work Act now gives employees the right to disconnect from work outside of their scheduled hours. But what exactly does this mean, and when can an employer still require contact? You can read more on our article here, or try asking our superfast AI tool, Bright BrAInbox: How is the new right to disconnect defined under the Fair Work Act?
And that’s a wrap. Tune in next week for more headlines and make sure you stay ahead of major employment law changes!
And that’s a wrap. Tune in next week for more headlines and make sure you stay ahead of major employment law changes!
