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Latest News
The Fair Work Commission highlights the perils for employers in failing to communicate effectively in grievance situations
A recent case highlights the importance of employers communicating effectively with their employees who have made workplace grievances. In Yelda v Sydney Water various failures by the employer to communicate with Ms Yelda were factors in the Fair Work Commission’s...
Payroll tax and Medical Practices – Implications of Thomas and Naaz
The decision in Thomas and Naaz has significant financial implications for many medical practices and allied health practices. Some Background A common practice structure is that the practitioner provides medical services to their patients and receives administration...
When can an employer reasonably decline an employee’s request for work flexibility?
Work-from-home and other flexible work arrangements have dramatically increased in many workplaces across Australia over the past 2 years. As the COVID-19 pandemic transitions into a new phase many employers are reassessing the balance of time worked from home by...
Contract Negotiation & Disputes
Recent Videos on Contract Negotiation & Disputes
Recent Guides on Contract Negotiation & Disputes
Recent Articles on Contract Negotiation & Disputes
Important – New Casual Employment Laws Explained
Employees, business owners and managers need to understand the implications of amendments to the Fair Work Act 2009 that came into effect on Saturday March 2021, changing workplace rights and obligations for casual employees. ..
Wage Theft a Criminal Offence in Queensland
Queensland’s new wages theft laws have serious consequences for Queensland employers that fail to pay employee wages. On 14 September 2020 the definition of stealing in the Queensland Criminal Code was amended…
Employment Restraints
Recent Guides on Employment Restraints
Recent Articles on Employment Restraints
A Recent Case Highlights the Risks of Setting Up Business in Competition with Your Employer
A recent unfair dismissal case* has highlighted the seriousness of setting up in business against your current employer. Mr Callum Weatherall commenced employment on 22 January 2018 as a casual presenter with Elevate Edu, which provides study skills programs and...
Health Practitioners
Recent Articles on Health Practitioners
Payroll tax and Medical Practices – Implications of Thomas and Naaz
The decision in Thomas and Naaz has significant financial implications for many medical practices and allied health practices. Some Background A common practice structure is that the practitioner provides medical services to their patients and receives administration...
Adverse Health Reaction to a COVID Vaccine taken for my Work – Am I Covered?
Written and co-authored by: Scott Mcswan Principal /Director WorkLegal Dr Anchita Karmakar Medicolegal Liaison Officer/Law Graduate WorkLegal During the recent lock down in Brisbane, media reported the Chief Medical Officer as stating that nearly 80% of frontline...
Injury Discrimination
Recent Guides on Injury Discrimination
Recent Articles on Injury Discrimination
Workplace Discrimination Settlement does not Preclude Workers’ Compensation Claim
A recent case in NSW, Gardiner v Laing O’Rourke Australia Construction Pty Ltd [2020] NSWCA 151, has determined that a worker can obtain compensation for work-injury discrimination and apply for workers’ compensation payments for the same injury…
Redundancy Entitlements
Recent Guides on Redundancy Entitlements
Recent Articles on Redundancy Entitlements
Failure to Consult Stymies Employer’s Defence of an Unfair Dismissal Claim
A recent case in the Fair Work Commission, Mohammad Aimal v Battery Energy Power Solutions Pty Ltd (U2020/2520) examined the fairness of the employer’s redundancy process…
Reputation Management
Recent Videos on Reputation Management
Unfair Dismissal
Recent Guides on Unfair Dismissal
Recent Articles on Unfair Dismissal
Breached Safety Policy Justifies Dismissal
In a recent decision Hamlin v City of Sydney Council [2021] NSWIRComm 1010, the NSW Industrial Commission has upheld the termination of an employee with 40 years’ service…
Failure to Consult Stymies Employer’s Defence of an Unfair Dismissal Claim
A recent case in the Fair Work Commission, Mohammad Aimal v Battery Energy Power Solutions Pty Ltd (U2020/2520) examined the fairness of the employer’s redundancy process…
Workplace Bullying
Recent Videos on Workplace Bullying
Recent Guides on Workplace Bullying
Recent Articles on Workplace Bullying
Workplace Investigations
Recent Guides on Workplace Investigations
Recent Articles on Workplace Investigations
The Fair Work Commission highlights the perils for employers in failing to communicate effectively in grievance situations
A recent case highlights the importance of employers communicating effectively with their employees who have made workplace grievances. In Yelda v Sydney Water various failures by the employer to communicate with Ms Yelda were factors in the Fair Work Commission’s...
Payroll tax and Medical Practices – Implications of Thomas and Naaz
The decision in Thomas and Naaz has significant financial implications for many medical practices and allied health practices. Some Background A common practice structure is that the practitioner provides medical services to their patients and receives administration...
BHP’s failed vaccine mandate – what does it mean for other workplaces?
The Full Bench of the Fair Work Commission has found that BHP’s direction to workers, requiring COVID-19 vaccinations as a condition of entry to BHP workplaces, was not lawful and reasonable. What does this ruling mean for other workplaces that are considering to...
Some Things you Need to Know about Workplace Investigations – Part 2
If you are the subject of a workplace investigation, you should understand your rights and responsibilities in the process. This article is the second in a series of 2 articles about some things you need to know about workplace investigations. Can I be stood down...
Some Things you Need to Know about Workplace Investigations – Part 1
If you are the subject of a workplace investigation, you should understand your rights and responsibilities in the process. This article is the first in a series of 2 articles about some things you need to know about workplace investigations. Do I have to take part...
Workplace Protections
Recent Guides on Workplace Protections
Recent Articles on Workplace Protections
When can an employer reasonably decline an employee’s request for work flexibility?
Work-from-home and other flexible work arrangements have dramatically increased in many workplaces across Australia over the past 2 years. As the COVID-19 pandemic transitions into a new phase many employers are reassessing the balance of time worked from home by...
Can Employers Lawfully ask Job Applicants if they have had the COVID-19 Vaccine?
We are often asked if employers can require their employees to be vaccinated. Soon employers and job applicants will be asking another question - can employers lawfully ask a job applicant if they are vaccinated? Answering this new question requires navigating...
High Compensation for Executive Terminated in Breach of Workplace Rights
In the decision Roohizadegan v TechnologyOne Limited (No 2) [2020] FCA 1407 the Federal Court has ordered the defendant employer to pay its former State Manager more than $5 million in compensation…
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