Human Resource Law Fair Work Commission

Question:-

what would be the likely decision of the Fair Work Commission, and the most likely remedy or remedies awarded?

Answer:-

For twenty years, Lola has worked for four eight hours shift in a week. Moreover, she has worked on same days. As per Fair Work Act 2009, a long term casual employee is one who is employed in regular manner and in a systematic way for at least 12 months. Since, Lola has worked regularly on same days and followed same working shifts for twenty years; she is a long term casual employee. Under Fair Work Act 2009, long term casual employee deserves almost same entitlement as a casual leave employee. So as a long term casual employee, Lola deserves two-day unpaid compassionate leave per occasion, two-day unpaid carer’s leave, five-day unpaid family and domestic violence leave within 12 month and unpaid community service leave. Also Lola deserves extra entitlement for casual loading as she will not get sick leave. Moreover, as a long term casual employee Lola can claim for parental leave and flexible working arrangement. From the fact of the case, it seems that instead of sick leave, she would have asked for flexible working arrangement for her medical surgery and follow-up treatments. Lola deserves flexible working arrangement at the store. Even if she has not asked for it, the employer is supposed to provide flexible working arrangement to Lola considering her problems. Though an employer is not supposed to give notice of termination to long term casual employee, but the employer should have terminated Lola on a justified ground. Now if it is proved that the employer has terminated Lola in unjust manner, then such termination would be regarded as unlawful termination. Lola can claim compensation if it is proved that she has been unlawfully terminated.