The recent NSW Court of Appeal decision in Wipro Limited v State of NSW has departed from the longstanding interpretation of the Long Service Leave Act 1955 (NSW). The Background The employee in this case the applicant sought to claim long service leave pay after working for 11 years at Indian IT corporation, Wipro. He worked at Wipro’s Indian […]
On 3 February 2023, the Federal Court (“the Court”) heard a bid by Teal MP Dr. Monique Ryan’s chief of staff, Sally Rugg to keep her job until it finishes dealing with her claims that the Federal Government sacked her for refusing to work unreasonable extra hours and subjected her to “hostile conduct”. Background The […]
The Federal Government is currently in talks with unions, employer groups, and states and territories to develop new federal criminal wage theft legislation. These proposed laws will introduce prison sentences for the worst cases of employer wage theft and complement criminal wage theft laws that have already been implemented in Victoria and Queensland since 2021. […]
The Fair Work Commission (“FWC”) has proposed changes to the modern award covering IT professionals, engineers, scientists, gaming sector employees due to underpayment of overtime entitlements and excessive litigation associated with the same. The Association of Professional Engineers Scientists and Managers Australia (“APESMA”) have expressed concern over unrecorded overtime work for employees covered by the […]
The Fair Work Commission (“FWC”) has recently found that Ambulance Victoria (“the Employer”) lacked reasonable grounds for rejecting a paramedic’s flexibility request to work ‘bespoke’ night shifts so she could care for her three young children. Background Natasha Fyfe (“the Applicant”) is a young mum with three children and also an experienced Advance Life Support […]
Earlier this month, the ‘Secure Jobs, Better Pay’ bill (‘the Bill’) passed the lower house and proposes a number of landmark changes to the nation’s industrial relations laws. The Bill follows many of the suggestions emerging from the Jobs & Skills Summit in September and aims to boost wage growth and work toward gender equality […]
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 […]