A recent unfair dismissal application has been accepted by the Fair Work Commission, despite being made more than 21 days after the dismissal allegedly took effect. Under the Fair Work Act 2009 (Cth) employees have a strict 21 days after dismissal to file their unfair dismissal application unless exceptional circumstances apply. The facts The HR team of […]
The onset of COVID-19 has forced many employers to direct employees to work from home (WFH) as a means of managing the risk associated with the virus. However, while employees perform work from home and remain ‘out of sight’ of their employers, it is important that their health and safety are not out of mind. […]
On 4 August 2021, the High Court reversed a decision of the Full Court of the Federal Court in a landmark decision clarifying the nature of casual employment. In WorkPac Pty Ltd v Rossato & Ors [2021] HCA 23, the High Court unanimously found that a former employer of WorkPac Pty Limited (Workpac), Mr Rossato […]
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 […]
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 […]
Frozen at 9.5% for the last six years, discussion has fired up about the superannuation guarantee (SG) increase this July. The SG rate is scheduled to increase by 0.5% to 10% on 1 July 2021, with incremental increases to 12% by 2025. However, it remains unclear whether all the increases will be implemented. Federal Government […]
The substantially reduced IR omnibus Bill passed Parliament on Monday 22 March 2021. Following contentious public scrutiny and prolonged debate, the House of Representatives passed the pared-back version of the ambitious Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Bill) which proposed a raft of changes to be introduced to the […]
Wage underpayment in the fast-food industry is in the limelight again, after a Federal Circuit Court recently imposed fines of up to $58,000 against a company and its directors (the Directors), who operated a Chatime franchise in Sydney’s CBD. Acting upon advice received from the Franchisor, the Directors underpaid 17 employees by paying ‘age-based’ and […]
Casualisation has long since been a substantial feature of the labour force. However, in recent times, the rapid rise of the ‘gig economy’ has contributed to a major shift in traditional understandings of what ‘work’ is and the various, unconventional forms that it now takes. Accordingly, perceptions of what ‘workplace protection’ looks like, who ‘workers […]
The Omnibus Industrial Relations Bill (“the Bill”) was introduced in Parliament on Wednesday 3rd February and quickly picked up criticism surrounding key components of the Bill. Set to help revive the economy following the hit of the pandemic, the Bill reforms the Fair Work Act, specifically targeting the operation of the Fair Work Commission, the […]