The Western Australian Parliament has now passed the Work Health and Safety Act 2020 (WHS Act). The WHS Act is set to align WA with other states and territories’ including the introduction The WHS Act will not operate until industry-specific regulations are finalised. The WA Government has said it anticipates the new legislation and accompanying […]
In July 2020, the Federal Court fined an employer and director a total of $60,000 for fabricating the redundancy of an employee after he had lodged complaints with a workplace safety regulator. The employee was successful in his adverse action claim against Melbourne Precast Concrete Nominees Pty Limited (the Company) and its director, after they […]
In a recent decision, the Fair Work Commission (FWC) has upheld the dismissal of a worker who resigned after Red Energy (the Employer) refused to buy him a desk to facilitate working from home. In fact, the Commission held that under the Covid-19 guidelines it should not be automatically expected that employers provide furniture for […]
In a recent unfair dismissal case, the Fair Work Commission (FWC) highlighted the challenges associated with managing remote workers during the Covid-19 pandemic. Interestingly, the FWC considered the impact of Covid-19 on the employee in this case in deciding whether or not there was a valid reason for the dismissal and whether the dismissal was […]
In a recent general protections case, the Federal Court underscored the significance (and cost) of a failure to act appropriately in response to claims of bullying and harassment made by employees. Mr Benham Roohzadegan, a Regional General Manager of Technologyone Limited (“The Company”) sought compensation and penalties for the termination of his employment which amounted […]
The majority of the High Court of Australia has overturned a controversial decision of the Federal Court regarding the calculation of paid personal leave. The High Court’s decision will come as a relief to employers as it clarifies that employees’ personal leave accruals do not vary based on the pattern of hours worked. The Full […]
In a recent unfair dismissal application the Fair Work Commission has commended the employer for its “scrupulously fair” treatment of a labourer who repeatedly failed to follow the most basic safety precautions and procedures. The case demonstrates the importance of maintaining procedural fairness in any investigation, performance improvement, record keeping and termination process to ensure […]
A full bench of the Victorian Supreme Court reversed an earlier decision of a single Judge who held that a worker was an employee and not an independent contractor. The Court considered and applied the common law test for an employee in the context of a multi-party arrangement. The Facts George Barca (Mr Barca) worked […]
In a case that demonstrates the pitfalls of misclassifying employees as independent contractors, the Full Federal Court has upheld an appeal by two truck drivers pursuing unpaid leave and superannuation entitlements after working exclusively for a company for almost 40 years. Originally, the trial judge held in 2018 that the two men were contractors and […]
Aged care workers across Australia will be given the right to paid pandemic leave to encourage them to stay home if they have any symptoms of the coronavirus after the recent surge of coronavirus cases in Victoria. The Full Bench of the Fair Work Commission determined that aged care workers, including nurses, should be given […]