Employment Law Blog & News
FWO uncovers compliance issues in franchise chain
The Fair Work Ombudsman (FWO) has wide-ranging powers to attend businesses unannounced to check compliance (and identify compliance issues) with workplace laws. Sometimes the FWO conducts random inspections, other times it visits premises as a result of complaints or...
13 key steps of a successful workplace investigation
As with many things, the secret to a successful workplace investigation is planning. Preparing an investigation plan which centres around the below key steps will allow you to work methodically through each stage and produce a reliable result. 13 steps of a...
When is a formal workplace investigation required?
As discussed in our previous blog, 5 reasons to outsource your workplace investigation, even when an investigation is conducted well, the process has the potential to negatively impact the parties involved. Therefore, when an issue arises, it is important you...
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....
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