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 […]
On 3 February 2023, the Federal Court (“the Court”) heard a bid by Teal MP Dr. Monique Ryan’s chief of staff, Sally Rugg to keep her job until it finishes dealing with her claims that the Federal Government sacked her for refusing to work unreasonable extra hours and subjected her to “hostile conduct”. Background The […]
The Federal Government is currently in talks with unions, employer groups, and states and territories to develop new federal criminal wage theft legislation. These proposed laws will introduce prison sentences for the worst cases of employer wage theft and complement criminal wage theft laws that have already been implemented in Victoria and Queensland since 2021. […]
The Fair Work Commission (“FWC”) has proposed changes to the modern award covering IT professionals, engineers, scientists, gaming sector employees due to underpayment of overtime entitlements and excessive litigation associated with the same. The Association of Professional Engineers Scientists and Managers Australia (“APESMA”) have expressed concern over unrecorded overtime work for employees covered by the […]
The Fair Work Commission (“FWC”) has recently found that Ambulance Victoria (“the Employer”) lacked reasonable grounds for rejecting a paramedic’s flexibility request to work ‘bespoke’ night shifts so she could care for her three young children. Background Natasha Fyfe (“the Applicant”) is a young mum with three children and also an experienced Advance Life Support […]