Employment Law Blog & News
Paid pandemic leave introduced for aged care workers: What about everyone else?
On 27 July 2020, the Fair Work Commission issued a decision ([2020] FWCFB 3940) granting an entitlement to paid pandemic leave for employees working in the aged care industry who are covered by the following awards: Aged Care Award 2010 [MA000018]; Health...
5 Reasons To Outsource Your Workplace Investigation
Has an incident occurred within your workplace that needs to be investigated? Below are 5 reasons why you should consider outsourcing your workplace investigation. 1. Independence and impartiality in a Workplace Investigation One of the key principles of a...
True Crime: Victoria Passes Wage Theft Bill
On 16 June 2020, the Victorian Parliament passed the Wage Theft Bill 2020. For the first time, this means that there will be criminal penalties, including jail time for employers, when they underpay their staff. It is anticipated that the Bill will come into effect on...
How long should I wait before advertising a redundant role?
One question that arises frequently when dealing with redundancies is how long employers should wait before advertising to fill a role that was previously made redundant. In order for an employee's employment to be terminated due to redundancy, their job must no...
Don’t panic. Casuals aren’t really entitled to paid leave
A recent court decision which has been receiving a huge amount of - somewhat misleading - publicity is that of WorkPac Pty Ltd v Rossato [2020] FCAFC 84, handed down on 21 May 2020. Whilst many commentators have discussed the case under headlines claiming that...
Can employees take sick leave during stand down? Court clarifies the position
On 18 May 2020, the Federal Court handed down its decision in Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Ors v Qantas Airways Limited [2020] FCA 656 which concerned accessing...
Requesting JobKeeper employees to take annual leave: first FWC decision
In what appears to be the first published decision of the Fair Work Commission utilising its new powers to deal with JobKeeper disputes, the Commission has found against an employee who refused to take a period of annual leave when requested to do so by her employer....
Uber’s contractors are not employees – but what about yours?
In the latest case about workers in the "gig economy", an Uber Eats driver has been found to be an independent contractor, rather than an employee of Uber Eats. (See: Amita Gupta v Portier Pacific Pty Ltd; Uber Australia Pty Ltd t/a Uber Eats) In upholding an earlier...
What if I can’t afford to pay my employees redundancy pay?
It is widely understood that permanent employees who have a requisite period of continuous service are entitled to be paid redundancy pay when made redundant. This is, however, subject to a number of limited exceptions - such as that "small business employers" (ones...
‘Employment Law Playlist’ – Listen now on Spotify
Whilst the world of employment law is rarely a place for humour or… erm… music, especially in the challenging times we are facing, it’s still important to try and have a little fun at work whenever you can. In case you need assistance getting through your working day,...
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