Background On 7 November 2022, the Fair Work Ombudsman (‘FWO’) secured a near-record penalty of $475,200 in court against operator of the 85 Degrees Cafe chain (‘the Company’) for taking advantage of young Taiwanese students under the guise of a purported internship arrangement. The students were aged between 20 and 22 at the time of […]
Introduction As Christmas draws nearer, so to do Christmas parties and other functions. Whilst hosting a work party of similar festive celebration can be a great way to reward employees, it can also be a source of anxiety for employers who are unsure of their obligations. Therefore, now is a crucial time to ensure that […]
Australia’s first industrial manslaughter conviction has been handed down since the new charge was legislated into the Work Health and Safety Act 2011 (QLD) (‘WHS Act’). Background In May 2019, Barry Willis (‘Mr Willis’) was struck by a forklift (‘the Incident’) while working at Brisbane Auto Recycling Pty Limited (‘the Company’) as an independent contractor. The incident […]
Have you reserved your spot yet for our up-coming Breakfast Seminar? 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 […]
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 […]
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 Diego Franco was an employee and not a contractor and […]
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 […]