In the midst of increasing vaccine policies and conflicting public advice, many businesses are more confused than ever with respect to what they can require of their employees with respect to their vaccination status. In public statements, Prime Minister Scott Morrison has said that it will be up to individual employers to determine what steps […]
In a recent judgment of the Court of Appeal of Victoria (the Court), the Court held that two employees were not entitled to long service leave (LSL) entitlements because they primarily performed their work outside of the State of Victoria (the State). In Infosys Technologies Limited v State of Victoria, the Court was required to […]
In an unusually long and detailed decision stretching over 100 pages, the Fair Work Commission (Commission) has dismissed an application by an investment fund Portfolio Manager seeking ‘stop bullying’ orders against his direct manager (Head of Strategy) and his employer (Funds Management Company) after six days of hearings. The Complaint The Portfolio Manager made a […]
In recent news, NSW Police have announced that they have referred the case of the airport transport driver involved in the recent Sydney Covid-19 outbreak to SafeWork NSW. This referral is intended to allow SafeWork NSW to investigate whether the driver and the business for which he worked have complied with work health and safety […]
Following a tragic accident leading to the death of a disabled child (Child) and his pregnant Support Worker, the NSW Government Department of Communities and Justice (Department) and the Support Worker’s employer (Company) have both been handed significant fines for failing to comply with work health and safety legislation. On 5 September 2017, in the […]
SafeWork Australia has announced a new campaign related to occupational lung diseases. The campaign, entitled ‘Clean Air. Clear Lungs’, focuses on less known and often unseen risks to the health of workers’ lungs in a variety of working environments. The knowledge of the workplace risk of developing lung diseases has increased in recent years. While […]
A company director has received a 2 year and 2 month gaol sentence for the death of a worker while at work in Western Australia. It is a record prison term in that the director will be the first person to serve gaol time under workplace health and safety laws in Australia. In 2020, Jake […]
In a recent case before the Fair Work Commission a Deliveroo rider (“Mr Franco”) has been deemed to be an employee and not an independent contractor, and therefore a person protected from unfair dismissal. This case is a major breakthrough for the Transport Workers Union’s continuing bid to establish that gig workers are employees within […]
In or about March 2020, restrictions imposed to manage the circumstances of COVID-19 impacted many Australian businesses. To cushion COVID-19’s impact on employers and employees, on 28 March 2020 the Fair Work Commission (‘the FWC’) issued a decision enabling the insertion of a new schedule into the Clerk – Private Sector Award 2020 (‘the Clerks […]
COVID-19 has shattered workplace norms about how traditional work is carried out, by ushering in a new and unprecedented ‘work-from-home’ culture (WFH). Technology has also facilitated the extension of work, connecting employers and employees virtually at all hours of the day. Consequently, remote working arrangements and technology advances have blurred the lines between worker’s professional […]