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Redundancy: Our Top Tips

After months of agonising, you make a tough decision. The business is going to make (or propose) redundancies. Now you need to think about implementation. Which position(s) should be made redundant? How am I going to break the news? Should redeployment be offered? Can redundant employees bring an unfair dismissal claim? Below we share our [...]

By | September 24th, 2019|Uncategorized|Comments Off on Redundancy: Our Top Tips

Is It Constitutional for a Law to Restrict Public Service Employees’ Out-Of-Work Political Speech?

The High Court recently upheld laws which effectively provide that Australian Public Service (“APS”) employees can be dismissed for anonymous out-of-hours political communication. The Court held that these laws are not unconstitutional. In this article we discuss the recent High Court decision in Comcare v Banerji [2019] HCA 23. We explain why Ms Banerji argued [...]

By | September 24th, 2019|Uncategorized|Comments Off on Is It Constitutional for a Law to Restrict Public Service Employees’ Out-Of-Work Political Speech?

What can employers learn from George Calombaris?

Celebrity chef and former Masterchef judge George Calombaris has been engulfed in criticism recently. The scale of underpayments made by restaurants associated with him and the nature of regulatory action taken against those restaurants by the Fair Work Ombudsman (“FWO”) has re-ignited demands for new ‘wage theft’ laws to address non-compliance with Australia’s workplace laws. [...]

By | August 6th, 2019|Uncategorized|Comments Off on What can employers learn from George Calombaris?

Can an Employee be Fired for Refusing to Use a Fingerprint Scanner? 

The recent Full Bench of the Fair Work Commission decision in Lee v Superior Wood [2019] FWCFB 2946 may limit the circumstances where an employer can safely dismiss an employee for failing to follow certain workplace policies. In this case, an employee was dismissed because he refused (after repeated warnings) to use an employer’s biometric [...]

By | July 23rd, 2019|Uncategorized|Comments Off on Can an Employee be Fired for Refusing to Use a Fingerprint Scanner? 

Dismissing Employees for Incapacity: Recent Changes to the Law

Given the recent interest in our seminars regarding dismissing employees who are incapable of performing their job because of illness or injury, we are republishing our article from October 2018. This article discussed the recent change in approach to capacity-based dismissals taken by the Full Bench of the Fair Work Commission. CSL Limited v Chris [...]

By | May 29th, 2019|Uncategorized|Comments Off on Dismissing Employees for Incapacity: Recent Changes to the Law

Full Bench to Revamp Annualised Wage Clauses

In a recent decision, the Full Bench of the Fair Work Commission has decided that modern award annualised wage clauses will be substantially changed. What are Annualised Wage Clauses? Broadly speaking, annualised wage clauses are  award provisions which allow employers to pay employees an annualised wage (i.e. a salary) instead of paying the employee for [...]

By | April 24th, 2019|Uncategorized|Comments Off on Full Bench to Revamp Annualised Wage Clauses

Does your business have adequate employment contracts?

A key part of being in business is managing risk and protecting your business interests. When it comes to your employees, one of the key ways to do this is through well drafted employment contracts. All too often clients approach us where a former employee has brought a claim against the business. A common feature [...]

By | April 2nd, 2019|Uncategorized|Comments Off on Does your business have adequate employment contracts?

Federal Government Creates Regulation in Response to WorkPac. Does it Go Far Enough?

Following the Full Court of the Federal Court’s decision in WorkPac v Skene, the federal government came under pressure to address unfairness which can arise as a result of that decision. On 18 December 2018, the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (“Regulation”) took effect. This Regulation was created to address the effects [...]

By | December 20th, 2018|Uncategorized|Comments Off on Federal Government Creates Regulation in Response to WorkPac. Does it Go Far Enough?

Ch-Ch-Changes – Five Changes 2019 Might Bring to Workplace Law

The only constant in workplace law is change. 2019 promises to be no exception to that. Many legislative changes have already been announced for the new year. Here are five changes for 2019 employers should look out for. 1 – Casual Conversion Clauses extended to Most Employees The Coalition has announced it will legislate to [...]

By | December 17th, 2018|Uncategorized|Comments Off on Ch-Ch-Changes – Five Changes 2019 Might Bring to Workplace Law

Employment Law in 2018 – Top 3 Developments for Medical Practices

As with most years, employment law developed significantly. 2018 introduced key changes for employers across many industries, including the health sector. Last year we discussed the law’s shift against flexible work arrangements. To an extent, 2018 continued that trend. Medical practices regularly engage support staff or nursing staff on a casual basis. Now, the use [...]

By | December 12th, 2018|Uncategorized|0 Comments