Employment Law Blog

Changes to casual employment – what you need to know

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. 

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Contractors vs Employees: who do I need to pay superannuation to?

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.

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Union Rights of Entry: What Employers Need to Know

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.

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TGIF – How does the professional workforce feel about Fridays?

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.

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Criminal Record Discrimination: How Should Workplaces Handle Employee Criminal Histories?

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.

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A man in a grey business shirt looks sideways. Someone has placed a hand over his mouth.

Protecting Confidential Information: The Notice Period

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.  

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Independent contractors and the super trap

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.

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This is the Australian Parliament House in Canberra. It is white with landscaped lawns and a flag in the middle

Will the Upcoming Election Affect Workplace Relations?

With an election due in the next 12 months and the Coalition Government performing poorly in polls leaving a potential change of government well within the bounds of possibility, there has been a quickening of interest surrounding workplace relations policy issues.

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