Employees who have been dismissed from their employment may have legal options available to challenge that decision, two of the most common avenues, being Unfair Dismissal and General Protections Applications. While both fall under the national industrial relations framework, the Fair Work Act 2009 (Cth) (the FW Act) they address different legal grounds for disputing […]
Employment law is more than just rules and regulations; it protects rights, defines responsibilities and helps resolve workplace conflict. Whether you’re an employee, contractor, HR manager or business owner, understanding your rights under Australian law is essential. That’s where employment lawyers come in. Employment Lawyers Ensure Legal Rights & Responsibilities Are Upheld In The Workplace […]
A parliamentary inquiry by the Economy and Infrastructure Committee (the Committee) led by Labor MP Alison Marchant (the Inquiry) has found that laws governing workplace surveillance are outdated. The Inquiry asserts that recent technological advancements as well as the long-term impacts of the Covid-19 pandemic which have seen workers shift to remote working has led […]
Employment Discrimination in Australia Employment discrimination occurs when an individual is treated unfairly in the workplace due to personal attributes such as race, sex, age, disability, or other protected attributes. Various federal and state laws, including the Fair Work Act 2009 (Cth), the Australian Human Rights Commission Act 1986 (Cth), and relevant state-based anti-discrimination laws, […]
In Australian workplaces, Adverse Action refers to negative actions that may be taken by an employer, an employee, or an independent contractor that can impact an individual’s rights, employment conditions, or working environment. Such actions can be retaliatory, discriminatory, or otherwise harmful and are prohibited by the Fair Work Act 2009. The general protections provisions […]
A recent study has provided new data regarding the use and impacts of non-compete clauses (Non-Competes) and non-disclosure agreements (NDAs) in Australian Employment Contracts (the Study). Utilising data from the Australian Bureau of Statistics (the ABS), the Study found that the increased use of Non-Competes by Australian employers has contributed to low wage growth and […]
The Federal Circuit and Family Court of Australia (FCFCA) has recently awarded almost $100,000.00 in damages and penalties to an employee for their employer’s unlawful adverse action. Judge Riley found that the company Asaleo Personal Care Pty Ltd (the Company) placed the sourcing manager (Mr Lees) on a performance review and then dismissed him because […]
According to s 382 of the Fair Work Act 2009 (Cth) (‘the Act’), those earning more than $162,000 per annum cannot file an Unfair Dismissal claim with the Fair Work Commission (‘FWC’). However, two recent cases have demonstrated a few important exceptions to this rule. Brian Cowan v I.P.C. Pty Ltd [2023] In the first […]
Background The Albanese Government made a pre-election promise to implement recommendations made by the Migrant Workers’ Taskforce to tackle wage underpayment and non-payment. These reforms would see underpaying employers to face fines greater than $4 million or three times the underpaid sum involved. Individuals such as directors and HR managers would also face penalty charges […]
The recent NSW Court of Appeal decision in Wipro Limited v State of NSW has departed from the longstanding interpretation of the Long Service Leave Act 1955 (NSW). The Background The employee in this case the applicant sought to claim long service leave pay after working for 11 years at Indian IT corporation, Wipro. He worked at Wipro’s Indian […]