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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...
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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...
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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 successfully in making an...
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