Employment Law Blog & News
Can an employer change an employee from permanent to casual?
In this week’s article we look at the question of whether you can change the status of an employee’s employment such as from full-time or part-time to casual. This was the subject of a recent decision of the Fair Work Commission which we discuss further below. Why...
Case updates: When is a casual employee dismissed?
In this week’s article we take a look at two recent employment law cases that were heard concurrently by the Fair Work Commission. The central issue in these cases was whether the two employees were “dismissed” under the Fair Work Act 2009 (Cth) (‘Fair Work Act’) and...
Case updates: Entitlement to redundancy pay and abandonment of employment
Case Updates: In this week’s article we take a look at two recent employment law cases, one which deals with whether or not an Executive Producer at Network 10 was covered by the Broadcasting, Recorded Entertainment and Cinemas Award 2010 and was therefore entitled to...
Case updates: Employees vs contractors and reducing redundancy pay
Case Updates: In this article we take a look at two recent employment law cases, one which deals with whether an individual was engaged as an independent contractor or an employee and one where an Employer has sought to reduce redundancy pay owing to five former...
Case updates: Vicarious liability and implied approval of overtime
In this article we take a look at two recent employment law cases, one which deals with “vicarious liability” (when an employer is liable for the actions of its employees) and one which deals with whether an employer should be taken to have implicitly authorised the...
Casual employee or independent contractor? FWC case provides guidance
In the recent case of Salim v AFA Sheetmetal Components Pty Ltd [2023] FWC 1834 before the Fair Work Commission (FWC), it was found that an unskilled labourer was in reality a casual employee rather than an independent contractor, despite the fact that he had an ABN,...
Paid family and domestic violence leave commences on 1 August for small businesses
As reported in our previous article, the requirement to provide employees with 10 days of paid family and domestic violence leave starts on 1 August 2023 for small businesses (employers with less than 15 employees). It's been in place for employers with 15 or more...
More changes to employment law on their way: The Protecting Worker Entitlements Act 2023
In addition to last year’s Secure Jobs, Better Pay legislation, the Parliament of Australia has recently passed the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 which makes further changes to the employment law landscape in five key areas....
Further changes to parental leave from 1 July 2023
Following the recent passing of the Fair Work Legislation Amendment (Protecting Worker Entitlements) Bill 2023 a number of changes have been made to how parental leave operates, which take effect from 1 July 2023. The changes include an extension of the amount of...
Accessorial liability: HR Manager fined for his part in “resignation” gone wrong
In a recent case before the court, a HR Manager was fined for breaching the general protections provisions of the Fair Work Act 2009 (Cth) (‘FW Act’) following a mishandled resignation of an employee. The case is a useful reminded that individuals - such as HR...
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