Employment Law Blog & News
Mandatory Vaccinations: FWC provides guidance
The Fair Work Commission has recently handed down its decision in Barber v Goodstart Early Learning, concerning an unfair dismissal application from an employee dismissed for refusing to have a flu vaccine. The case had to decide whether it was lawful and reasonable...
New sexual harassment laws to be legislated
Workplace sexual harassment has recently been in the spotlight due to allegations against the former Attorney General, Christian Porter and other officials. The Government has faced increased pressure to review workplace sexual harassment laws, which some consider to...
The end of JobKeeper… What next?
The JobKeeper wage subsidy scheme ended at midnight on 28 March 2021. For employers who were receiving the subsidy this has a number of important consequences, some obvious, some less so: Employers must now pay employees' wages without the assistance of the subsidy;...
Crazy clauses in modern awards: the building & construction industry
As an employment lawyer, I am often called upon to do presentations on "crazy clauses in modern awards". Modern awards are, of course, a set of regulations based on the industry and/or occupation of the employee that dictate rights and obligations in the Australian...
Can employers require employees to get the COVID-19 vaccine?
The question that is currently at the forefront of many employers’ minds is whether they can direct their employees to take the COVID-19 vaccination. In short, an employer can direct their employee to take the vaccine only where it is a lawful and reasonable...
Paying an Annualised Salary? Your obligations at 1 March 2021
Last March new provisions were introduced into several modern awards dealing with "annualised wages" or "annualised salaries". As we pointed out at the time, these new provisions contained an optional mechanism for an employer to pay a full-time employee an annual...
Pay point progression in the SCHADS Award
A recent federal court decision has explained how pay progression provisions in the SCHADS Award operate. In a decision that will come as a shock to many, the court indicated that clause 13.3 of the SCHADS Award is not designed to operate so that employees become...
Valentines Day Special: Workplace Romances & the Law
Roses are red, violets are blue You are my workmate, can I date you? As Valentines Day approaches we thought we would share insights on an area we are sometimes required to advise on: how the law operates relating to workplace relationships, and specifically, can...
Compliance Notices and the Fair Work Ombudsman
EI Legal is frequently called to assist clients who are subject to investigations by the Fair Work Ombudsman, the Federal Government’s workplace regulator who has wide powers to investigate allegations of underpayments and other breaches of workplace law. When...
10 Changes to Employment Law in 2020 & Trends for 2021
In this article, we set out the top ten developments in employment law that occurred in 2020 and the key changes to the law expected in 2021. In response to the COVID-19 pandemic, 2020 saw an unprecedented number of changes introduced in employment legislation, as the...
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