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Stevens & Associates Breakfast Seminar Wrap Up

Thank you to everyone who attended our Breakfast Seminar on Friday, 18th of November at the Four Seasons Hotel Sydney. We trust everyone enjoyed the breakfast and opportunity to mingle and network with other clients. Peter Hindeleh’s presentation covered the important distinctions between employment contracts and independent contractor agreements, which is of great importance to […]

Sydney Cafe takes Advantage of Taiwanese Students

Background On 7 November 2022, the Fair Work Ombudsman (‘FWO’) secured a near-record penalty of $475,200 in court against operator of the 85 Degrees Cafe chain (‘the Company’) for taking advantage of young Taiwanese students under the guise of a purported internship arrangement. The students were aged between 20 and 22 at the time of […]

Positive Duty to Celebrate Safely – Managing the Festive Season and Ensuring Celebrations are Remembered for all the Right Reasons

Introduction As Christmas draws nearer, so to do Christmas parties and other functions. Whilst hosting a work party of similar festive celebration can be a great way to reward employees, it can also be a source of anxiety for employers who are unsure of their obligations. Therefore, now is a crucial time to ensure that […]

Australia’s First Industrial Manslaughter Conviction

Australia’s first industrial manslaughter conviction has been handed down since the new charge was legislated into the Work Health and Safety Act 2011 (QLD) (‘WHS Act’). Background In May 2019, Barry Willis (‘Mr Willis’) was struck by a forklift (‘the Incident’) while working at Brisbane Auto Recycling Pty Limited (‘the Company’) as an independent contractor. The incident […]

Employee compensated for unfair dismissal due to Employer’s ‘uncertain’ Working from Home procedures

Introduction In light of the global pandemic and more employers adapting to a work from home approach, the need for clear policies, reporting lines and communication has never been so critical. Recent Fair Work Commission decision, discusses the harsh, unjust and unreasonable dismissal wherein the Applicant was awarded compensation due to a lack of transparency […]

New recommendations from Respect@Work Report now legally require Employers to protect Employees from workplace sexual harassment

Introduction Employers are now legally obligated to take ‘reasonable and proportionate measures’ to prevent workplace sexual harassment under new legislation introduced by the Labor Government. The new legislation is being implemented according to recommendations made by the Sex Discrimination Commissioner, Kate Jenkins’, Respect@Work report (“the Report”). Background The Report published in March 2020 revealed that 1 in […]

Paying an Employee Above the Legal Minimum and the Obligation to Pay Entitlements

Employers often pay their employees wages in excess of those stated in a modern Award. But does this automatically absolve the employer from any obligation to pay entitlements such as allowances and penalty rates? This area is somewhat fraught, but in short the answer is generally “NO”.    The Background    In Chinese Australian Services […]