But I’m telling the truth! What happens when the parties to a case have varying accounts of what was said and done? Who is to be believed? In the matter of Ashley Duddington v Mario and Clara Enterprises Pty Ltd and Morgan Trading Pty Ltd, a former restaurant manager...
How long does an employee have to be employed before they’re eligible to make an unfair dismissal claim?The short answer is “that depends on the size of your business.” If you’re a small business, the employee will have 12 months before they can claim eligibility. If...
A recent decision of the Federal Circuit Court has cast doubt on whether casual employment is in fact that: Skene v WorkPac Pty Ltd [2016] FCCA 3035. Mr Skene was employed as a dump truck operator by WorkPac, a labour hire company, which supplies workers to mines. His...
An employer which offers employees contracts with annualised salaries to compensate for all entitlements to which they are entitled under an applicable award needs to beware. The applicable award may provide that an employer must state in writing which provisions of...
The vast majority of applications for unfair dismissals are discontinued. Generally, this means that employers and employees have reached agreement so that a formal decision or order of the Fair Work Commission is not required. Where negotiation does not result in...
