Increases to unfair dismissal caps and tax free genuine redundancies
It’s 30 June again, and this means increases to the various employment law dismissal and termination thresholds.
Working out if I’ve been underpaid
Most employers do the right thing and pay their employees the prescribed rates of pay under the Fair Work Commission Modern Awards or the National Minimum Wage. A small minority do not, and if you’re employed by one of these then you are missing out on what is rightfully your entitlement. Between 2018-2019, the Fair […]
What is a genuine redundancy?
The law governing the end of employment by way of redundancy is very strict and requires compliance with section 389 in the Fair Work Act 2009 (Cth). Find out what this means.
Can an employee access all their entitlements when stood down?
Regulations introduced by State and Federal governments during the COVID-19 health crisis have resulted in many businesses ceasing to trade. Consequently, employees have been stood down without pay by their employers if they cannot usefully be employed because of a stoppage of work for which the employer cannot be held responsible. Staff suddenly without income […]
How are casual employment contracts different?
A casual employment contract is fundamentally different to either a permanent or fixed term arrangement. Very few employers, or employees, have taken the time to fully understand the consequences of casual employment. What does it mean to be a casual employee? Casual employees are those who do not have a certain or fixed commitment with […]
Annualised Wage Arrangements – are you being underpaid?
If you are a full-time employee who is paid an ‘annualised wage’ (i.e. a fixed dollar amount per year, rather than hourly), then you need to check the changes that came in from 1 March 2020 to make sure you are not being underpaid.
How procedural fairness can affect an unfair dismissal case
Procedural fairness should come into play when an employee is terminated from their workplace. They should be given the opportunity to defend themselves and provide a response to an employer’s allegations before any disciplinary action is taken. Termination of an employee should not be decided with any bias or pre-conceived ideas of the employee’s guilt. […]
Restraint of Trade Clauses: A Complete Guide for Employees
What are restraint of trade clauses? Restraint of trade clauses are often included in contracts of employment as a way for employers to protect their business interests by restricting an employee’s freedom to undertake certain activities during or after ending their employment. Examples of restraints commonly found in employment contracts include: Confidentiality clauses – prevents […]
What is Constructive Dismissal?
Constructive dismissals occur when an employer acts in a way that is so “harmful, adverse or unfriendly” to the point of damaging the employer/employee relationship beyond repair and the employee is left with no other reasonable option but to resign. A complicated case which helped to define constructive dismissal was that of Tavassoli v Bupa […]
The Fair Work Ombudsman Draws Fire For Uber Judgement
For the last two years, the Fair Work Ombudsman’s office headed by Sandra Parker has been investigating the relationship between Uber and its drivers. The result has caused surprise in several quarters, seeing that her final statement read as follows: “The weight of evidence from our investigation establishes that the relationship between Uber Australia and […]