Employers on Notice: Bad Behaviour is Going to Cost
Introduction The landscape of workplace law is undergoing significant change, as amendments to the Fair Work Act 2009 (‘the Act’) by the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 and Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024...
A timely reminder from Qantas
In the case Qantas Airways v Transport Workers Union of Australia [2023] HCA 27, the central question on appeal for the High Court was to determine whether Qantas’ decision to outsource its baggage handlers was a contravention of the general protections provisions of...
5 Tips for an Effective Position Description
5 tips for an effective position description 1. Be crystal clear – it is imperative to document the duties, competencies and responsibilities of the position in writing to afford certainty to the parties as to the requirements of the role. This includes all and any...
Litigation: The One Time When You Need to Put All Your Eggs in One Basket
Between 2011 and 2019 Tobias Tucker was a senior solicitor at the State Revenue Office of Victoria (SRO). In 2017 he was the subject of two investigations concerning his behaviour at work. Before either of the investigations had been finalised, he issued a proceeding...
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...
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...
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...