Contravention of Fair Work Act

23 Nov 2021

Can a fixed term contract expiry constitute dismissal? Key considerations in relation to multiple successive fixed term contracts

28 Jul 2021

Fired Due to Temporary Absence: The Causal Link Required to Establish Adverse Action

13 Jul 2021

Employer driven quest for gender equality; BlueScope wins discrimination exemption

On 28 January 2021, BlueScope Steel Limited (BlueScope) filed an application with the Victorian Civil and Administrative Tribunal (VCAT) seeking an exemption from the Equal Opportunity Act 2010 (Vic) (the Act) to allow it to prioritise female appointments for all roles at the Western Port manufacturing facility, and to utilise role advertisements targeting female only candidates. This exemption therefore sort to allow discrimination on the grounds of sex and place a limitation on the right to equality. Accordingly, the application did not go uncontested. Regardless, VCAT got behind the initiative and approved the exemption with some minor amendment, emphasising the exempt conduct was ‘justified in all the circumstances’.

02 Jun 2021

Food Delivery Service Worker Found to be an Employee

On-demand food delivery platforms such as UberEats, Deliveroo, Menulog, and DoorDash have long relied upon classifying the persons who deliver orders as independent contractors to facilitate the services offered by their platforms. However, the recent case of Diego Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818 (the Deliveroo Case), may mark a landmark change and mean the delivery partners working for these platforms will be classified as employees and receive entitlements as such.

18 May 2021

Legislative Changes to the Definition of ‘Casual Employee’: What Every Business Needs to Know.

Recent amendments to the Fair Work Act 2009 (Cth) (FWA) have provided significant update to the applicable definition of ‘casual employee’, as well as conferring certain new obligations on relevant employers.

04 May 2021

When Can Employers Terminate Employees for Absences Due to Illness?

When employees become sick, operational strain can develop in even the briefest of cases. When an employee is absent for several months, employers can be stretched, and left wondering what action, if any, they are permitted to take.

22 Mar 2021

Termination or Resignation? Jurisdictional Woes for Employers

When an employee feels like they have no other option but to resign from their current employment, the question arises, have they truly resigned, or have they been terminated by circumstance?

01 Mar 2021

Dismissed for Dual Citizenship

In the recent case of Chivonivoni v Cobham Aviation Services Engineering Pty Ltd , the Fair Work Commission ordered the reinstatement of an employee, who was dismissed for not renouncing his Zimbabwe Citizenship.

22 Feb 2021

When Managerial Action Turns into Contravention

When dealing with a ‘problem’ employee, employers and management are often left with the decision of what is the most appropriate course of action to take with the employee. It is crucial that employers and managers are aware of when a decision to take certain action against an employee may amount to a breach of an employee’s protections.

27 Mar 2018

COURT FINDS THAT MULTIPLE JOBS DO NOT CUMULATIVELY GIVE RISE TO EMPLOYEE ENTITLEMENTS UNDER EBA

Yielding greater clarity surrounding workers’ entitlements when engaged in multi-hiring arrangements, the Federal Circuit Court of Australia (the Court) has declared that employees who hold several “separate and distinct” part-time positions cannot calculate overtime and additional entitlements on the grounds of combined hours.