Employment

On 7 December 2022 saw a major reform in Employment law through the implementation of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Act).

Headshot of Libby Campbell - Solicitor at Everingham Solomons TamworthWe have seen over recent times high profile media personalities and sports people lose their jobs based on what they have posted or said on social media in relation to political and religious views.

On 13 August 2020 the High Court handed down their decision in the appeal of the Full Federal Court’s decision in the Mondelez case.

Due to the unprecedented disruption caused by COVID-19, many employees’ positions have been made redundant throughout Australia.

Employment Contracts can contain Restraint of Trade clauses which affect the post-employment obligations of employees to their former employer.

If your business need skilled workers that are in short supply, a good option for your business is to employ skilled migrants who are already in Australia on a skilled visa such as subclasses 189, 190 or 489/491.

Are you an Employer.

On 16 August 2018 the Federal Court handed down a significant judgment in the matter of Workpac Pty Ltd v Skene relating to the classification of casual employment.

Recently the Fair Work Commission during its four-yearly review of Modern Awards has ruled on Domestic Violence Leave.

Upon the continuous service of 10 years a worker in most circumstances is able to qualify for long service leave.

The Australian Institute of Company Directors released its Director Sentiment Index for the second half of the year on 1 December 2016.

Through the employment of staff an employer has exposure for the actions of an employee that bind the employer.

As a general rule, a small business employer is not required to pay redundancy pay, as set out in the National Employment Standards however there are some circumstances where you may be legally required to make these payments.

Often, after the separation of employment both employees and employers are concerned about whether or not restraints will apply to the former employee as part of their post-employment obligations to their former employer.

Often a business will have staff who hoard their annual leave, whether it is to insulate themselves for a rainy day, to seek longer periods of leave in the future, or perhaps they just prefer to work rather than holiday.

What is a Fixed Term Employment Contract.

A September 2015 decision of the Fair Work Commission (FWC) resulted in a stop bullying order being made in favour of an employee of a real estate agency.

In a recent case in the Fair Work Commission, an employee who behaved drunkenly and inappropriately at a work Christmas party won an unfair dismissal case against his employer.

Since 1 January 2014 the Fair Work Commission has had powers to make orders to prevent workplace bullying.

All employees in Australia are subject to 10 employment entitlements that are provided to all employees under the National Employment Standards (“NES”).

Prior to a recent decision by the Full Federal Court of Australia in Anglican Care v NSW Nurses’ & Midwives’ Association [2015] FCAFC 81 (5 June 2015) employers often believed that whilst an employee was not at work and receiving weekly payments of compensation, they were not entitled to accrue annual leave.

In certain circumstances, a change to more flexible working arrangements can be requested by employees with at least 12 months continuous service with an employer and by long term casuals who have a reasonable expectation of continuing regular and systematic work.

A asked his colleague B (a long term employee and union delegate at their workplace) to be his support person during an investigation process being conducted by their employer.

People change jobs for a variety of reasons, from not getting on with the boss to career advancement.

With the temperatures rising, and Christmas just around the corner, the annual office Christmas parties are now in full swing.

As a result of a decision by the Federal Court of NSW on 11 November 2014, workers in NSW are entitled to accrue annual leave whilst they are receiving weekly payments of compensation.

We often have a business client or an individual come to see us with one or more mystery notices from the Australian Taxation Office, their bank or their creditors.

In our practice, we find that our business clients are increasingly focused on workplace matters – how they can effectively recruit, retain, train, manage and support their employees, while also keeping their employees healthy, safe, happy and productive.

Attached to a lot of superannuation funds are insurance policies that will entitle the policyholder to a payment should they become unable to work.

TRA recent decision in the Federal Court has broadened the definition of “workplace” under the Sexual Discrimination Act 1984 (Cth).

It is not uncommon for an employer to place a restraint upon a departing employee which typically prevents the departing employee from being involved in a similar enterprise, contacting the past employer’s customers, utilising the employer’s confidential information and not poaching the employer’s employees.

Keiran Breckenridge, our Special Counsel, reports on a recent case industrial/employment law case.

If your business that wants to sponsor somebody from overseas there are a number of requirements, most of which are relatively straight forward, but the one that many businesses are not able to comply with straight away is that of “training benchmarks”.

The Migration Amendment (Temporary Sponsored Visa) Bill 2013 was passed in July 2013.

It is the responsibility of the business to ensure that their employees are allowed to work in Australia.

Some of the changes to the Fair Work Act which came into effect on 1 July 2013 include ‘family friendly’ amendments, such as unpaid parental leave, special maternity leave, and the right to request flexible work.

Under the National Employment Standards (NES), employees have an entitlement to a paid day off on a public holiday unless it is reasonable to ask an employee to work.

Most casuals know from week to week whether they will be offered more work.

The Christmas/New Year period provides employees with an opportunity to celebrate the year that has passed.

It is becoming more common for employers to be asked by employees to connect their personal devices such as smart phones, laptops and tablets to the employers’ IT systems.

The Australian managing Director of Rio Tinto, David Peever says that the Fair Work Act is the elephant in the room when it comes to the productivity debate in Australia.

Employers have an obligation under the Work Health & Safety Act to ensure, so far as is reasonably practicable, the health and safety of workers.

There are many different ways for an employer to engage an employee, so it is vitally important that the employment contract correctly reflects the actual employment relationship.

Most employers implement policies and procedures to minimise liability which may arise from their employees’ actions.

There are a number of valid reasons to terminate employment.

The use of the internet and iphones by workers is increasing, and with social media becoming more and more popular, so too is the use of these devices by employees during work hours.

The Government-funded Paid Parental Leave scheme (PPL scheme) commenced on 1 January 2011.

RHG1 January 2012 saw the commencement of the harmonised Work Health and Safety Act.

No-one, man or woman, should be subject to harassment of a sexual nature in any circumstances and particularly not in the workplace.

The growth of social media creates problems for both employers and employees alike.

Modern awards have covered most workplaces from 1 January 2010.

With a new financial year approaching, it is now an opportune time for business to review industrial relations policies and make any necessary changes to comply with the Fair Work legislation.

If you are beginning a new job, you should ensure that your relationship with the business hiring you is clearly defined.