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...
To Consult Does Not Mean To Mandate
The decision in CFMMEU v Mt Arthur Coal Pty Ltd [2021] FWCFB 6059 shows the importance of consultation before a direction to employees will be deemed lawful and reasonable. The full bench of the Fair Work Commission undertook an exhaustive review of the facts and...
“How To” Guide – Minimising Termination Risks For Fixed Term Contracts
Fixed term contracts, or time-limited contracts as they are also known, may be an increasingly viable option for employers in the current COVID-19 environment. As we explain in this blog, employers must be wary of the hidden termination risks created by these...
A Novel Approach to Reinstatement
The primary remedy under the Fair Work Act 2009 for an unfair dismissal is reinstatement. In employment relationships where the Act does not apply the usual remedy for wrongful termination of employment is damages. Schneider v Warrnambool City Council [2021] VSC 337...
A Brief Overview of Discrimination Laws
Discrimination law has been something of a hot topic in Australia in recent months. The legality of workplace-mandated vaccines and ‘no jab, no job’ policies has sparked heated debate. More recently the Federal Government’s Sex Discrimination and Fair Work (Respect at...
Working same time, same place, day after day? You could well be a casual
After much anticipation, the High Court has decided in WorkPac Pty Ltd v Rossato [2021] HCA 23 (High Court’s Decision), that Mr Rossato was a casual employee and not entitled to the benefits of a permanent employment even though he had an expectation of regular and...
What should I do if I think I am being underpaid?
There are a number of ways in which an employee might be underpaid. It may be the case for example, that there has been a complete failure to pay your wage, superannuation entitlement or an amount owed for a period of leave (including annual, long service or personal...
Employment issues for the gig economy
Are works employees or independent contractors? The controversy as to whether workers in the gig economy are employees or independent contractors continues with the recent decision in Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818. In that decision handed down...
I’ll Have Anchovies With That – How Domino’s Pizza Has To Deal With A Class Action For Unpaid Wages On Two Fronts
On 13 April 2021 Justice Murphy refused to strike out a further amended statement of claim in a class action on the basis that it did not disclose a cause of action: Gall v Domino’s Pizza Enterprises Limited No. 2 [2021] FCA 345. Apart from making a claim for...
Not So Casual: The Fair Work Act Now Defines Casual Employment
With recent amendments to the Fair Work Act 2009 (Cth), it is now time for employers to review the status of their casual employees. From 27 March 2021, as a result of the amendments, there is now: a definition of casual employment, which applies retrospectively; the...
Job Keeper Leads to Job Loss?
As the ending of JobKeeper looms, support for the Commonwealth Government’s argument that it has been discouraging people from working can be found in the decision of Howard v Pinnacle People [2020] FWC 6975. Pinnacle is a labour hire agency specialising in the supply...
My employer wants everyone back in the workplace, can I refuse to return?
While many of us are celebrating a gradual return to the workplace and some semblance of a pre-COVID normality, this is not necessarily a sentiment shared by all. Whether by reason of health concerns, adaptation in lifestyle or relocation, a number of Australians will...
Is freedom of speech recognised in the workplace?
Unlike the United States, Australia has no constitutional guarantee of the right to freedom of speech but instead enjoys freedoms by virtue of common law. Such freedoms include freedom of religion, movement, speech and association. In the absence of such...
COVIDSafe workplaces – employers and employees’ obligations explained
After public health advice resulting in a minor delay of the initial plan, Victorian workplaces are now returning to offices today, Monday, 18 January 2021. As of Monday, a capacity of 50% of employees are permitted in private office buildings, and 25% for public...
We now have a vaccine. But, can we enforce its use?
With the UK vaccinating against COVID-19, and this predicted for Australia in early 2021, employers may soon find their employees questioning whether they can be directed to be vaccinated. Crucial to any employment relationship is that employees must comply with any...
Preparing for Work May Not Be Work
In Seo v Bindaree Food Group Pty Ltd [2020] FWC 6468 the issue of whether preparing for work can be categorised as work arose. Mr Seo’s complaint was that having to remove personal protective equipment and clean himself before he entered the break room meant that he...
WorkPac v Rossato: Special Leave Application Granted
On Thursday, 26 November 2020, the High Court of Australia granted labour hire company, WorkPac, special leave to appeal the recent Full Court decision of WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato). Rossato Prior to the Rossato decision, casual workers had...
Useful Guidance On When Employees Can Be Stood Down
As the global pandemic continues to present uncertainty to various industries, Justice Geoffrey Flick’s decision in Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (No 3) [2020] FCA 1428 provides guidance on determining the lawfulness of a...
Redundancy: Have You Been Turned Over?
You are a cleaner who works for a company, which holds a cleaning contract for a shopping centre. What happens to you when the company loses the cleaning contract? Well unless the company can place you at another site at which it still holds a contract or the new...
It Pays to Pay
With the passing of the Wage Theft Act 2020 on 16 June 2020, the Victorian Government is criminalising intentional underpayments by employers. The Act also establishes the Wage Inspectorate Victoria to investigate and prosecute offending employers. The Act comes into...
The Lessons From Workpac
On 20 May 2020 the Full Court of the Federal Court gave judgment in WorkPac Pty Ltd v Rossato [2020] FCAFC 84. In contemporary times few decisions on employment conditions have excited as much media attention and commentary as WorkPac did. The reaction to it was...
Nevett Ford Melbourne Pty Ltd
ABN: 144 697 790
Level 16, South Tower, Rialto Building, 525 Collins Street
Melbourne, VIC 3000