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WORKPLACE & EMPLOYMENT

A Novel Approach to Reinstatement

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...

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A Brief Overview of Discrimination Laws

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...

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What should I do if I think I am being underpaid?

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...

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Employment issues for the gig economy

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...

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Not So Casual: The Fair Work Act Now Defines Casual Employment

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...

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Job Keeper Leads to Job Loss?

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...

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Is freedom of speech recognised in the workplace?

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...

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We now have a vaccine. But, can we enforce its use?

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...

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Preparing for Work May Not Be Work

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...

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WorkPac v Rossato: Special Leave Application Granted

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...

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Useful Guidance On When Employees Can Be Stood Down

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...

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Redundancy: Have You Been Turned Over?

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...

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It Pays to Pay

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...

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The Lessons From Workpac

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...

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Work Not Shirk

Work Not Shirk

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...

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Covid-19 and Redundancy

Covid-19 and Redundancy

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...

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    Nevett Ford Melbourne Pty Ltd

    ABN: 144 697 790

    Level 16, South Tower, Rialto Building, 525 Collins Street
    Melbourne, VIC 3000