Is Casual Employment Really That Casual?
Last Thursday’s decision by the Full Federal Court may change the idea of ‘casual employment’ for the future, causing upheavals on the employment law scene. Rarely has a court decision incited such comments from employer groups and other sources as that on Thursday, when the Full Federal Court brought down a decision that has far-reaching […]
How Performance Improvement Policies Boost Workplace Results
Being skilled, resilient and hardworking are the premise of a successful workplace. Well-constructed Performance Improvement Policies can involve ongoing performance check-ups to keep up standards. Performance improvement policies are put in place to better improve the workplace environment. These may include scheduled weekly meetings or team building exercises. During weekly meetings, both employees and employers […]
4 steps to prevent an unfair dismissal claim
Terminating an employee can often be an arduous process that can get clouded with emotion from both parties. However, it is essential that the termination process is carried out in a careful manner from the very start. If the termination process is not managed, the employer can become liable in relation to an unfair dismissal […]
When can I lawfully terminate an employee on modified duties?
An employee can be placed on modified duties if they become ill. The modified duties generally involve a temporary variation of the employee’s duties. Often, the duties are lighter and not as arduous on the employee. The purpose of modified duties is to allow the employee to recover and eventually return to their original duties […]
Does the Fair Work Commission have the power to make a costs order?
What is a costs order? The Fair Work Commission has the power, in certain circumstances, to order a party to pay the legal costs for the other party. The power to do this comes from the Fair Work Commission issuing a ‘costs order’. When does the Fair Work Commission consider a costs order? The Fair […]
What foreigners need to know about employment laws in Australia
Employment laws in Australia and the Fair Work Act Many international companies and foreign government bodies have operations in Australia and many Australians find themselves working for Australian companies overseas. Are those employers and employees governed by the Fair Work Act? Foreign Companies A company that is incorporated overseas and employs workers in Australia is […]
Australian Employment Law For International Companies
Australia is an exciting country for international companies to trade and invest in, but Australian employment law may differ from other countries. We have helped multinational groups from the USA, United Kingdom, European Union and Singapore to manage any employment and human resources law issues for their Australian subsidiaries. Being prepared for Australian employment law […]
Underpayment still a big issue for small businesses
Large fines for underpayment in small business Two businesses, a café and a retail shop owned by the same person, have been handed a $134,000 fine by the Federal Circuit Court of Australia, for the underpayment of three workers. This is a high price to pay for a small business. The Fair Work Commission has […]
The ‘Gig Economy’: Fair Work continuing to focus on the sham contract
The Fair Work Ombudsman has commenced action against Foodora in the Federal Court. The Ombudsman has argued that Foodora’s characterisation of three drivers as contractors was misconceived, as they should have properly been characterised as employees of Foodora. This will be an interesting outcome for the gig economy, as last year the Fair Work Commission […]
Is Terminating an Employee On Leave Legally Acceptable?
An employer does not have a legal right to dismiss an employee because they have exercised a workplace right to take leave. Our law states that disciplinary procedures need to be fair and reasonable therefore, terminating an employee on leave or who is temporarily absent from work as a result of an injury or illness […]