All publications relating to ‘Employment’
Employment law myth No.4: “If they’ve got an ABN, they’re an independent contractor”
A frequent area of confusion in employment law is the use of independent contractors. In particular, whether someone engaged as a contractor would in reality be found to be an employee at law. The confusion is understandable – there are different tests as to when a person is an “employee” under various…
Are dismissals genuine redundancies when employees have rejected a pay cut?
Consider this situation. You run Company A. Your business involves supplying a service to Company B. You have been providing this service at a set price for a number of years and engage a team of employees to facilitate the delivery of the service. Due to reasons outside of your control Company B indicates that…
Redundancy — Defending Claims for Unfair Dismissal
Circumstances will sometimes arise in a business where an employer needs to shed staff. The business may be subject to a takeover or amalgamation, or its revenue may contract, for example where the market paradigm changes or perhaps as a result of losing key clients. It is in circumstances such as these, that an…
Can you stand down your employees?
A common question for employers is whether and in what circumstances can they stand down an employee. At common law there is no general right to stand down or suspend an employee without pay absent an express contractual term (see discussion of cases at [65] to [73] of Coal & Allied Mining…
Common sense prevails in an unfair dismissal case
I often write about whacky decisions of the Fair Work Commission which demonstrate the extraordinary lengths employers have to go to, to avoid falling foul of the maze of employment law rules and regulations. However, the recent decision in Georgia Sologinkin v Cosmetic Suppliers Pty Ltd T/A Coy is a victory for…
“What becomes of the broken hearted?” and can or should employers care anyway?
The unfortunate answer to the Motown ballad question — ‘What becomes of the broken hearted?’ — is they sometimes become stalkers. So, when a workplace romance or flirtation goes wrong, does the employer have a right to tidy up the mess? A quick review of past decisions shows that the Fair Work…
Reasonable notice on termination of employment has it a future?
Introduction Termination of a contract of employment upon reasonable notice has long been regarded as part of the employment law landscape. It bridges the gap where the parties to the employment relationship have failed to specify in the contract of employment, the period of notice necessary to end the relationship without…
How to lose a business — without lifting a finger
‘The shareholders own the business, right? After all, they own the company, which pays the rent and the staff and the bills that keep the lights on and the photocopier humming. The customers are customers of the business, aren’t they? Sure, your employees have the direct relationship with the customers…
The Fair Work Commission — Has it lost its way?
Trust — the key ingredient There is no mystery as to what lies at the heart of healthy staff/management relationships in a business – the key is trust! (See my December post) So, what happens to employment opportunities in our country when the business community loses faith in the Fair Work Commission…
Calculating redundancy payments does prior service as a casual count?
Australian law has for a long time recognised the concept of “casual” employment. It is generally understood that casual employees are engaged on an “as needed” basis. There is no obligation on the employer to offer a casual work and, equally, there is no obligation on the employee to accept work when offered…