To what extent can an employee pursue a meritless claim?
The breakdown of an employment relationship can often leave a sour taste in both parties’ mouths. In the most serious cases, an employee on their way
The breakdown of an employment relationship can often leave a sour taste in both parties’ mouths. In the most serious cases, an employee on their way
As part of its 4-yearly review of modern awards, the Fair Work Commission recently made a significant decision pertaining to requests for flexible work arrangements. Flexible arrangements involving
As an employer, have you ever been faced with a situation where an employee has resigned from their position, but has then made the claim
Back in May 2018, the Federal government introduced the Treasury Laws Amendment (2018 Superannuation Measures No. 1) Bill 2018, which sought to allow employers a one-time
In the past few months, there has been a flurry of activity, discussion and legal changes in relation to casual employees. If you have “casual” employees working on a regular and systematic basis, they may in fact actually be permanent employees entitled to annual leave and other entitlements. This means you may have a substantial back pay issue.
As an employer, one of the most important factors to keep in mind with regard to the engagement of contractors is ensuring that you get the on-costs right. This extends to understanding the difference between an ’employee’ and a ‘contractor’, and having a good understanding of who you need to pay superannuation to.
It is important for employers to be familiar with the provisions in the Fair Work Act surrounding right of entry for union representatives. Representatives with an entry permit can enter an employer’s premises in order to meet with employees who are, or could be members of the union, to hold discussions during “breaks”, or to investigate a suspected contravention of an award or enterprise agreement.
The results of the 2018 survey on sexual harassment in the workplace (conducted by the Australian Human Rights Commission and involving over 10,0000 Australian participants) are now in, and they have produced what I would consider to be some seriously concerning statistics!
It’s fair to say that a lot has changed in the professional world in the 50+ years since ‘Friday On My Mind’ hit the charts, but according to both recent research and anecdotal evidence, nothing much has changed in employee attitudes towards Fridays: workers hang out for the end of the week, and generally speaking, Friday is far from favourable in terms of getting things done around the office.
While there are no discrimination laws with enforceable consequences relating to criminal record in New South Wales, it is important for employers to take care when balancing questions surrounding the employee’s right to work, whether they had served their time, and whether their employment would result in any sort of risk to other employees or customers, or to the reputation of the organisation.
Changes to all modern awards, which have introduced provisions relating to family and domestic violence leave, came into effect from 1 August 2018. This change has come about due to the 4 yearly review of modern awards.
Section 558B of the Fair Work Act states that a franchisor can be held liable for any breach of The Act made by a franchisee, unless they are able to prove, among other things, that they had previously taken reasonable steps to prevent the breach.
This blog looks at common mistakes employers make when exiting an employee, and what to do if a former employee has stolen company data, or is working in breach of a restraint of trade.
The notice period is the most likely time that an employee will attempt to steal confidential information, so businesses need to manage the transition process carefully in order to get the most out of departing employees, while also protecting themselves from risk.
Departing employees often pose the greatest risk to the future goodwill of a business, as they have had the opportunity to form relationships with the client base and supplier network and may wish to take advantage of this knowledge.
The issues of accrual of leave entitlements, workers compensation obligations, payroll tax, responsibility for PAYG instalments and superannuation all have slightly different tests in determining whether or not the relationship is one of employee/employer or principal/subcontractor.
It has been more than 8 years since the Fair Work Act 2009 came into force, however many business owners and senior managers are unaware of the existence and effect of the “General Protections” regime contained in Part 3-1 of the Act.
When an employee notifies his / her employer that they wish to terminate their employment, their employment will automatically terminate when the relevant notice period expires. What happens when an employee wishes to withdraw their resignation?
Engineering and advisory company Aurecon is introducing a visual employment contract, effectively eliminating the bulk of the text from their employment contracts by using pictures.
With the 457 visa now gone, the legislative requirements of the new TSS visa were finally released on 18 March 2018. Coleman Greig has collated all of the information that we know so far.
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