In response to the COVID-19 pandemic, the Federal Government implemented a JobKeeper Scheme (the Scheme) which has seen eligible employers given a wage subsidy (the
The COVID-19 pandemic has had, and will continue to have, a significant adverse impact on businesses, large and small. Such impacts are equally felt by
In March 2018, the Temporary Skill Shortage (subclass 482) visa (“TSS visa”) replaced the popular 457 visa. Since then, the Morrison government has attempted to
When an employee makes a claim against their employer, you should know exactly what the claim is, the evidence they intend to rely on and
In the last couple of weeks, a class action underpayment suit has been filed in the Federal Court against Domino’s Pizza. It alleges that Domino’s engaged
Many business owners, as well as those responsible for the management of employees, shudder at the very thought that they may one day have to terminate
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.
The decision handed down in the case of WorkPac Pty Ltd v Skene [2018] FCAFC 131 reasserts the traditional view that you cannot convert an employee who is really a regular full, or part-time employee into a casual simply by calling the employee ‘casual’. Employers must look at the actual facts of the employment relationship in deciding what the real nature of the relationship is.
The Fair Work Commission has now finalised the text for the casual conversion clause, which is to be inserted into 84 modern awards which did not already have a casual conversion clause.
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.
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?
The Fair Work Commission has deferred the second 4 yearly Awards review (previously scheduled to begin last January) until the current 4 yearly review is complete.
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.
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.
In a recent Fair Work Commission decision (Eather v Whitehaven Coal, Deputy President Sams, 1 January 2018), the FWC had no sympathy for an employee whose employment was terminated when he recorded 18mcg of cannabinoids, compared to the Australian Standard of 15mcg as the maximum allowable.
The tension between traditional employment law frameworks and the gig economy has come to the fore once again after the Fair Work Commission holds that an Uber driver is not an employee.
In a recent case, the FWC granted its first interim order issued in its anti-bullying jurisdiction, effectively issuing an injunction to stop an employer from proceeding with a workplace investigation. This case demonstrates that dealing with a bullying complaint in a fair way is highly desirable to avoiding external intervention.
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