Latest News and Updates on Employment Law

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’.

29 Jun 2021

Preventative Measures: Reducing the Risk of Employees Suing

Often times, situations arise where employers feel pressured to make a prompt decision concerning an employee’s ongoing employment. In circumstances where a decision is made to discipline or terminate an employee, employers run the risk of facing legal action (and the associated stress and costs). While employers cannot stop an employee from bringing a claim or action, measures can be taken to attempt to reduce the likelihood of such occurring, or to have a defensible position if such does occur.

15 Jun 2021

Small Business and Unfair Dismissal; the Effect of Codified Protections

The Fair Work Act 2009 (Cth) (the Act) provides certain employees protection from unfair dismissal.

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.

06 Apr 2021

The End of JobKeeper; Addressing Key Employer Concerns

During the COVID-19 pandemic, Australia’s economy has remained somewhat sheltered by a variety of Government stimulus packages. Significantly, JobKeeper provisions were temporarily added to the Fair Work Act 2009 (Cth) (the Act) to give certain employers increased flexibility to manage their workplaces while dealing with the impact of COVID-19.

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?

08 Mar 2021

Ready and Willing or Sitting Ducks; the Developing Categorisation of ‘Gig Workers’

With the rising prevalence of technology driven ‘gig workers’, judicial, political and social conversation have begun to question the traditional definition of ‘employee’.

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.

18 Feb 2021

No Jab No Job: Can Employers Mandate the COVID-19 Vaccination?

Recent reflection by the Fair Work Commission (FWC) implies the answer will be yes; employers will be able to require that their employees be vaccinated against the COVID-19 virus in circumstances where the risk to public safety outweigh the employee’s objection.

24 Jan 2019

FWC Characterises Foodora Driver as an Employee

18 Nov 2018

FWC CONFIRMS THAT EMPLOYEE’S NIGHT OUT WARRANTED DISMISSAL

10 Sep 2018

Unpaid Family and Domestic Violence Leave Now Included in Modern Awards

A decision by the Fair Work Commission will give employees access to 5 days of unpaid family and domestic violence leave each year.

13 Jun 2018

LONG TERM EMPLOYEE DISMISSED FOR INVADING RECEPTIONIST'S PERSONAL SPACE

03 Apr 2018

Employee injured playing recreational cricket outside of work, successfully claimed WorkCover from his employer

An employee’s participation in recreational cricket was sufficiently connected to his employment so as to give rise to an entitlement to workers’ compensation, an Australian tribunal has found.

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.

20 Mar 2018

EMPLOYEE UNFAIRLY DISMISSED DESPITE RESIGNATION

10 Jan 2018

Fair Work Commission Australia found that Uber Drivers are Independent Contractors and not Employees

A recent ruling by the Fair Work Commission (FWC) has found that Uber Drivers are not captured by Australia’s unfair dismissal laws, as Drivers are not classed as employees but rather, independent contractors.

06 Dec 2017

Up to $70 Million Owing to Queensland Apprentices for Underpayment of Wages

As the Federal Court heralds the end of a longstanding wages dispute, over 4,000 Queensland apprentices emerge victorious, claiming up to $70 million in underpayments owed by their employers.

17 Nov 2017

Director, HR Manager and Restaurant Manager Fined for Underpayment of Wages