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 […]
The recent Full Bench of the Fair Work Commission (FWC)decision concerning a National Rugby League Referee, Tim Alouani-Roby (the Employee)has clarified the application of maximum term contracts, and whether employees engaged under the same have a right to access the general protections/adverse action jurisdiction of the FWC. The Full Bench upheld the finding that the […]
In a significant decision on the employment status of gig workers, a Fair Work Commission (FWC) full bench has quashed a ruling from last year that found a Deliveroo rider to be an employee. Background In May 2021, a FWC tribunal found that Deliveroo rider Diego Franco was an employee and not a contractor and […]
Earlier this month, the Fair Work Ombudsman (FWO) announced that a record $532 million in unpaid wages and entitlements had been recovered for more than 384,000 workers in 2021-22. Background and Summary Following extensive efforts by the FWO to create an environment that encourages large corporations to prioritise compliance, the sum of recoveries was more […]
Recently, the District Court of NSW added to the several cases dealing with the much-discussed topic of reasonable notice and whether it is displaced by s 117 of the Fair Work Act 2009 (Cth) (FW Act). The case provides some certainty that the common law term of reasonable notice, implied by law, is not displaced […]
In one of the biggest compensation payments for a general protection claims to date, the Hawkesbury Race Club (“the Club”) has been ordered to make a $2.8 million dollar payout to a long-serving manager, Vivienne Leggett (“Mrs Leggett”), who had her life “effectively destroyed” by a new CEO, Greg Rudolf (“Mr Rudolf”). Background In May […]
A sushi restaurant was ordered to pay $355,000 in penalties after the Fair Work Ombudsman (“FWO”) brought a case against them for underpaying employees and falsifying records. Summary The case brought against Delishco Pty Ltd (“the Company”), which operates as ‘Moga Izakaya & Sushi’ in Brisbane, was heard in the Federal Circuit and Family Court. A $305,000 […]
This month we extend a warm welcome to our new Senior Solicitor, Peter Hindeleh. Bringing over 5 years’ experience spanning multiple areas of law, including litigation and dispute resolution in all NSW Courts, we look forward to having Peter’s contributions and expertise here at Stevens & Associates Lawyers. Peter completed a Bachelor of Law […]
Congratulations to Josh Hoggett who was admitted last Friday as a lawyer in the NSW Supreme Court. He was moved by our director, Nick Stevens. Josh has worked here at Stevens & Associates since his first year of law school, first as a Paralegal and most recently as a Graduate at Law. We are […]
Following the Labor Party’s recent win and Anthony Albanese’s stance to support a wage rise in line with inflation, the Fair Work Commission (“FWC”) handed down a rare split increase decision on Wednesday, 15 June 2022. The Decision According to the new government, this decision will assist individuals with the increasing cost of living […]