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 […]
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 […]
We are excited to announce that Stevens & Associates Lawyers will be hosting our biannual Breakfast Seminar on Friday 18 November. The Seminar is a great opportunity to learn about current employment law issues that may affect you or your business and to mingle and network with other clients. Our senior solicitor, Peter Hindeleh, […]
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 […]
Why the Full Bench Ruled Deliveroo Riders Are Independent Contractors 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 […]
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 […]
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 […]
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 […]
Industries and Compliance Areas Targeted by the Fair Work Ombudsman On 22 June 2022, the Fair Work Ombudsman Sandra Parker (FWO) has announced their strategic priorities for the year ahead. We summarise the priorities to give employers and employees alike a ‘heads up’ for what is to come from the regulatory body: 1. University Sector […]
The FWO has secured a total of $204,000 in penalties against the operators of Riddhi Siddhi Pty Ltd (“the Company”), which operates ‘Vege Rama’ – a Brisbane fast food outlet, after the use of false records to disrupt their investigation. Background The FWO investigation into the business was first launched in November of 2020, after […]