The Fair Work Commission has taken into consideration the current work environment of COVID-19 in determining whether a dismissal was unfair. A Sales Executive was dismissed in April this year for allegedly failing to provide weekly sales reports, customer complaints, poor attitude and “demonstrated lack of respect” for management. The FWC found that a number [...]
In rejecting an application for an extension of time to lodge an unfair dismissal claim, Deputy President Asbury of the Fair Work Commission found it arguable that a childcare employer’s policy requiring mandatory flu vaccinations was lawful and reasonable in the context of its operations which principally involve the care of children, including children who [...]
On 26 November 2020, the High Court granted special leave to appeal the WorkPac v Rossato decision. It has been said the appeal will be one of the most important employment law decisions that the High Court has had to consider. The Rossato decision held that casual employees who worked regular and predictable shifts were [...]
With businesses around Australia compelled to meet extraordinary challenges throughout the Coronavirus epidemic, the Government has taken the decision to extend the temporary insolvency and bankruptcy protections until 31 December 2020. The original scheme was clearly designed to make it harder for any creditor to force a business into insolvency in response to a statutory [...]
In a recent case before the Federal Circuit Court, a judge has set penalties of $240,000.00 against a company and its director, for failing to pay a worker’s full wages, public holiday rates and an amount in lieu of untaken annual leave or superannuation. It was found the company also failed to issue the worker [...]
The outbreak of COVID-19 has given rise to issues that every employer must address, including employee entitlements and health and safety obligations. Some of the key issues are addressed below. Employers can direct employees who are sick with the coronavirus not to come to work and to get medical clearance from a doctor before returning [...]
The National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) (Act) became law on 1 July 2018. It establishes a system of redress for survivors of past institutional child sexual abuse and applies now to all States and Territories. The Scheme is designed to provide a simple and streamlined alternative to taking civil [...]
While Binding Financial Agreements (BFA’s) are a popular way of providing certainty in the financial outcomes for people married or in de-facto relationships, they are notoriously technical and highly litigated, so this article examines whether you can be confident whether a BFA is applicable to your situation. […]
At some point you will want to employ a senior person who can bring significant skills to the table. You might be concerned that your usual employment agreement will not be sufficient, and you are probably right. […]
Whilst recently travelling through the Champagne region in France, I was struck by the magnitude and success of just one of those businesses with the extraordinary story of Madame Pommery in the mid 1800’s who took over a fledgling champagne business after her husband (who founded it) died. Madame Pommery as the sole owner, went on to build a vast empire exporting her Pommery champagne all over the world. […]
