A series of challenges to mandatory vaccination requirements has been dismissed on all grounds by the New South Wales Supreme Court. Legal Challenge The legal challenges, lodged on behalf of ‘essential workers’ in the construction, health and aged care and education industries, sought to challenge the validity of the NSW public health orders that restrict […]
Under the National Employment Standards, employees have a right to request from their employer flexible working arrangements in some circumstances. Such requests may involve changes to work hours, patterns or locations so that an employees may either, maintain a work-life balance, continue their caring responsibilities, or may be able to work despite major interruptions to […]
The full bench of the Fair Work Commission (FWC) has upheld a decision that the dismissal of a residential aged-care facility receptionist, Ms Kimber, who refused to receive a flu vaccine, was not harsh, unjust or unreasonable. The majority decision maintained that Ms Kimber’s employer, Sapphire Coast Community Aged Care Ltd (the Company), had not […]
The Fair Work Commission (Commission) has officially completed its Casual Terms Review (the Review) following amendments to the Fair Work Act 2009 (Cth) (the Act) on 27 March 2021. Schedule 1 of the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Cth) (the Amending Act) introduced a new definition for ‘casual employee’ under s 15A of […]
The Morrison Government’s Respect@Work legislation has now passed both houses of parliament, after the House of Representatives backed the legislation, as amended by the Senate. The Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth) (Amendment Act) implements significant elements of Sex Discrimination Commissioner Kate Jenkins’ landmark Respect@Work report on workplace sexual […]
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 […]