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’.
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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.
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The Fair Work Act 2009 (Cth) (the Act) provides certain employees protection from unfair dismissal.
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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.
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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.
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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.
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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.
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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?
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With the rising prevalence of technology driven ‘gig workers’, judicial, political and social conversation have begun to question the traditional definition of ‘employee’.
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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.
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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.
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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.
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A decision by the Fair Work Commission will give employees access to 5 days of unpaid family and domestic violence leave each year.
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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.
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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.
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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.
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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.
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