Employment Law Blog & News
Case update: Employee found to have commenced employment despite not providing required information for onboarding
In this week’s blog we take a look at a recent employment law case in which Commissioner Crawford of the Fair Work Commission was required to determine whether an employee had commenced employment with an employer and would therefore be entitled to pursue their...
Case update: Employee’s resignation found not legally effective as it was given in state of emotional stress
In this week’s blog we take a look at a recent employment law case in which an employee’s resignation was found to be not legally effective as it was given when the employee was in a state of emotional stress or mental confusion. The consequence was that the employee...
Case Update: Fair Work Ombudsman recovers $137,435 from liquidated company’s director, general manager and accountant
In this week's blog we take a look at a recent employment law case in which a former director, general manager and accountant were ordered to pay significant penalties as a result of their involvement in breaches of the Fair Work Act 2009 (Cth)(‘Fair Work Act’). The...
Case update: Can an employer require an employee to spend or pay back money?
In this week’s blog we take a look at whether an employer can require an employee to spend their own money in a particular way or to pay back money to the employer with reference to a recent employment law case. Section 325 of the Fair Work Act 2009 (Cth) provides...
Case update: Paid agents draw criticism from the Fair Work Commission
In this week’s blog we look at a recent employment law case that was heard by a Full Bench of the Fair Work Commission (FWC) in December 2023. The Full Bench consisted of FWC President Justice Hatcher, Deputy President Wright and Commissioner Crawford. The central...
Case Update: Is an employee dismissed when their fixed term contract ends?
In this week's blog post, we look at a recent employment law case heard by Commissioner Allison of the Fair Work Commision. The central issue in this case was whether an employee was considered to be “dismissed” under the Fair Work Act 2009 (Cth) (Fair Work Act) and...
Casual Conversion – FWC case provides clarity
In this week's blog we look at the current rules around casual conversion with reference to a recent employment law case. We note that the rules regarding casual conversion are subject to change with the introduction of part two of the Closing Loopholes Bill which is...
Changes to fixed-term contracts from 6 December 2023
What are fixed term contracts? As the name suggests a fixed term contract is an employment contract that applies for a specified period of time and comes to an end automatically at the end of that period. This period of time is typically defined in the...
Deed of release protects an employer from million dollar litigation
In this week’s blog we look at deeds of releases with reference to a recent Federal Court Case in which a former employee had his litigation thrown out of court after it was found that the deed of release he had signed acted as a bar from bringing any proceedings....
Vicarious liability and the employer’s positive duty to eliminate sexual harassment
In this week’s blog we look at sexual harassment under the Sex Discrimination Act 1984 (Cth)(Sex Discrimination Act) with reference to a recent Federal Court Case in which a company was found to be vicariously liable when its sole director sexually harrassed an...
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