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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

Night shift has been the subject of comedy but it was no laughing matter for hospital employees who were sacked after spending work time in a tearoom sometimes with the lights off when they should have been working. The employees in question worked for the Royal...

Under section 120 of the Fair Work Act an employer can seek to reduce the redundancy payment to employees it is terminating. In considering whether to reduce a redundancy payment, Fair Work Commission must be mindful of why redundancy payments exist in the first...

In response to our first article, which you may access here, and the additional measures imposed by the Australian and Victorian governments, further issues and concerns have been raised by our clients. As such, we have collated a further guide to answer common...

As this dreadful virus continues to escalate and cause devastation all over the world, is it important we understand what we can do to reduce its further impact. From midday Monday, 23 March 2020, the Morrison Government implemented mandatory lockdowns in an effort to...

In Sclater v Transdev Harbour City Ferries Pty Ltd T/A Transdev Harbour City Ferries [2019] FWC 7968, a Ferry Master received a rude awakening when he was caught napping on board a Sydney ferry while supposedly on duty. The Ferry Master’s slumber was exposed when a...

The case of Puszka v Ryan Wilks [2019] FWC 1132 shows that after hours behaviour can have consequences for employment, although in this case the Fair Work Commission agreed that the employer’s dismissal of the employee was unfair and ordered the employee’s...