In Australia the relationship between employer and employees can be governed by an enterprise agreement, which seeks to cover all the employees of a particular employer, a modern award, which seeks to cover employees of various employers not covered by enterprise agreements who do the same type of work and sets out terms and conditions of employment or by common law contracts.
However the relationship is governed, the Fair Work Act 2009 sets out the National Employment Standards, which underpin the minimum terms and conditions of employment of all employees.
Enterprise agreements and modern awards must build on the NES or mean employees are better off than the NES provide.
Difficulties, which arise in the employer employee relationship may be avoided if a solid and clear basis is established at the start of the relationship.
The Litigation Team has experience in guiding both employers and employees to establish a solid foundation for a harmonious and productive relationship.
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Employees and Independent Contractors
Employees and independent contractors are not the same under the Fair Work Act (2009). When engaging an independent contractor or an employee it is important that the recruiting party understands the distinguishing features. Significant legal and financial...
Lismore Trust v GLJ: Permanent Stay Granted Where Perpetrator is Dead
Photo by Nico Smit on Unsplash The Trustees of the Roman Catholic Church for the Diocese of Lismore v GLJ [2022] NSWCA 78 (‘Lismore Trust v GLJ’) On 1 June 2022 the New South Wales Court of Appeal permanently stayed an historical child abuse proceeding. Facts The...
Damages and Compensation: where Commonwealth and State laws collide
Photo from Unsplash The claim of Vivienne Leggett against her former employer, Hawkesbury Race Club Limited has had four iterations in the Federal Court. Ms Leggett was a 26 year veteran sponsorship and marketing manager of the club forced out of her job by its newly...
Covid-19 And Repudiation
Does an employee’s failure to be vaccinated in accordance with a public health order or even an employer policy amount to a repudiation of the employee’s employment contract? The decision in Cordiano v Love & Co Real Estate Pty Ltd [2022] FWC 467 suggests no. The...
Expert Witness 101
INTRODUCTION The decision of DP (a pseudonym) v Bird [2021] VSC 850 offers valuable guidance for the selection and briefing of expert witnesses, as well as how the Court expects expert witnesses to conduct themselves in the course of forming their opinions. The matter...
Indefinite Stand Down As An Alternative To Dismissal? Commission Says No
Whilst the majority of Australian adults have submitted to state mandates for COVID-19 vaccination, a minority holds out either on the bases that the mandates are unlawful and invalid or are likely to end. There is no indication yet that a Court will find that vaccine...