Blog / News
When is it safe to dismiss an ill or injured employee?
When is it safe to dismiss an ill or injured employee? When an employee has been absent from work for an extended period of time, employers often find it difficult to balance their obligations to their ill or injured employee with the commercial realities of keeping...
Personal/carer’s leave decision to be appealed: Government intervenes in Mondelez
Last month the Federal Court handed down it's decision in Mondelez Australia Pty Ltd v AMWU [2019] FCAFC 138, which suggested a major shift in how personal/carer's leave should be accrued and the amount of leave employees are entitled to (see our article on the case...
Landmark decision on personal/carer’s leave: Federal Court delivers judgment on how much leave employees receive
UPDATE ON 17 SEPTEMBER 2019: THIS CASE IS NOW BEING APPEALED. SEE OUR ARTICLE HERE. The Full Court of the Federal Court in Mondelez Australia Pty Ltd v AMWU [2019] FCAFC 138 has handed down a landmark judgment clarifying how personal/carer’s leave entitlements are...
Are managers in the hospitality industry “award-free”? FWC provides guidance
Background Ms Martin was employed in the Harbour View Hotel in Sydney's The Rocks, initially as a Functions Manager and later as the Licensee. Subsequent to the termination of her employment she brought a claim against her former employer (and its two directors) for...
WorkPac is back: Class action for “misclassified” casuals
One of the most significant employment law decisions of 2018 was WorkPac Pty Ltd v Skene [2018] FCAFC 131, where Mr Skene was found to have been wrongly classified as a casual employee (when in fact he was in reality a permanent employee) and was therefore entitled to...
Employer fined for dismissing employee to re-engage them as a contractor
A section of the Fair Work Act 2009 which is sometimes overlooked is s.358 which makes it unlawful for employers to dismiss an employee in order to re-engage them as an independent contractor to perform the same, or substantially the same, work. This means employers...
My employee is suing me – will they have to pay my legal costs?
The Fair Work Commission has recently handed down the decision in Donnalyn Sharkey v Life Without Barriers [2019] FWC 2287 in which an employee - and her lawyer - were ordered to pay her employer's legal costs after an unsuccessful unfair dismissal claim. Is the Fair...
Unfair dismissal: employee conduct can reduce compensation to zero
The recent case of Mr Dylan Hans v QS Law Pty Ltd T/A Quinn and Scattini Lawyers [2019] FWC 5034 (25 July 2019) is a useful reminder that the conduct of an employee can reduce the compensation they would otherwise receive, even if they are successful in making an...
Keep in Touch
Sign up to receive newsletters from EI Legal and Employment Innovations, and to receive invitations to webinars and events