News, Updates & Events

Positive Duty to Celebrate Safely – Managing the Festive Season and Ensuring Celebrations are Remembered for all the Right Reasons

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

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 […]

Employee compensated for unfair dismissal due to Employer’s ‘uncertain’ Working from Home procedures

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, Danny Hanna v Renfay Projects Pty Ltd, discusses the harsh, unjust and unreasonable dismissal of Mr Danny Hanna (“the […]

New recommendations from Respect@Work Report now legally require Employers to protect Employees from workplace sexual harassment

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 […]

Paying an Employee Above the Legal Minimum and the Obligation to Pay Entitlements

Employers often pay their employees wages in excess of those stated in a modern Award. But does this automatically absolve the employer from any obligation to pay entitlements such as allowances and penalty rates? This area is somewhat fraught, but in short the answer is generally “NO”.    The Background    In Chinese Australian Services […]

NRL Referee’s Sidelining Upheld by the Fair Work Commission

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 […]