Employers are gearing up for a run of public holidays. Provisions requiring an employee to work on a public holiday in certain circumstances have been commonplace and not overly concerning. However, the Federal Court recently held that such a provision contravened the National Employment Standards.
Can you dismiss an employee during the probationary period? Yes, but a recent case is a lesson in caution. The recent Federal Court decision of ‘Dabboussy v Australian Federation of Islamic Councils’ is a warning to employers to consider the importance of timing if dismissing an employee during probation.
A recent decision to issue an intractable bargaining declaration (IBD) against an employer demonstrates the requirement for employers to engage in meaningful and genuine bargaining, and to consider making compromises they can live with to avoid risk later on.
When reviewing employment contracts and enterprise agreements, we routinely come across provisions requiring an employee to work on a public holiday in certain circumstances
Learn about the changes following the amendments to the Fair Work Act in December 2022 which has left employment law in a period of substantial and significant reform.
Have you ever wondered what the rights of a casual employee are? Recent amendments to the Fair Work Act 2009 (Cth) (FW Act) have given casual employees
Employees of retail chain Riot Art & Craft were recently terminated after the company went into liquidation. The 300 odd employees from the company’s 56 stores are reported to
On 9 April 2020, the Coronavirus Economic Response Package Omnibus (Measures No. 2) Act 2020 came into effect and, amongst other amendments, amended the Fair Work Act
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.
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.
To successfully defend an unfair dismissal claim, an employer must be able to satisfy the Fair Work Commission (FWC) that the dismissal was not harsh, unjust or unreasonable.
A plumbing business has been fined $100,000, and its director $21,500, after it failed to pay overtime to an apprentice and meet its record-keeping obligations. The penalty was high, relative to the underpayment, because of the employer’s dreadful treatment of a young apprentice.
In a recent Queensland District Court decision, Robinson v Lorna Jane (Judge Koppenol, 3 November 2017), Ms Robinson made a common law claim for psychological and physical injuries, which she claimed arose from her employment between July and December 2012 as the manager of a Lorna Jane store.
Employers have been put on notice to take a more cautious and methodical approach to consultation with employees before redundancies after the Fair Work Commission reasserts the importance of proper consultation processes.
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