All publications relating to ‘Employment’
If you employ a worker for a particular project, can you terminate them at the end of that project?
IN BRIEF Today in the world of Australian property, contingent workers fit the bill. Contingent workers are the freelancers, or independent professionals and consultants, or temporary contract workers, who provide their services to an organisation on a non-permanent or contract basis. There’s recently been a big increase of fit-outs in residential property across the…
When is a contractor not a contractor? Is an ABN enough?
In brief Employment lawyers are constantly being told by their clients: “It’s okay, he/she has an ABN”. Employers often presume, as the worker has the “magical” ATO-related number, the ABN, that somehow all employment obligations are absolved. Recent cases in relation to sham contracting and, generally, claims by employees have demonstrated…
Can you still set off an employee’s salary against Award entitlements? It’s complicated!
In brief In the area of set offs in employment law, a word of warning to cut through some of the complexity. You won’t necessarily achieve the objective of being able to satisfy award obligations, unless you go about it in the correct fashion. We get technical about the mechanism by which…
Can you extend probation?
In brief Probation periods are important to employers. The probation period allows employers to gauge an employee’s competence and character, before it gets tricky terminating them. There is, however, confusion around this status. As an employment lawyer, I am often asked whether an employer is able to extend the probation period…
Redundancy — can an employer avoid payouts by getting their employees another job?
The Fair Work Act (the Act) contains a provision (s 120) which says that if an employer “obtains other acceptable employment” for an employee it is making redundant, it may get redundancy payments reduced. In particular, on application to the Fair Work Commission it may obtain an order reducing the redundancy…
Redundancy — when don’t you have to pay it?
In brief There is increasingly an expectation amongst employees that they will be paid a lump sum – over and above pay in lieu of notice and any leave entitlements – when their role in the company has been terminated (other than for issues of misconduct). In the past, this right was…
Can you sack a worker by text message?
In brief Hutchison Ports’ recent dismissal of nearly 100 of its employees by a midnight text message has made headlines around Australia. It has also sparked outrage and huge protests amongst its workforce. This article looks at some of the issues arising from this communication style when it comes to terminating employment. The…
When can employees behave badly and get away with it?
In brief One of the challenges for any employer is to manage workforce events such that the employees get to relax and have a good time – without offending, upsetting or harassing their colleagues. One of the key culprits in this process is the obligatory office Christmas party. What happens when staff…
When a choice is not a choice
In Brief As a business owner you can choose whether or not to pay staff bonuses, right? “Discretionary” means … well … discretionary – doesn’t it? Not always says the Federal Court in the recent case of Russo v Westpac. In that case, the court ordered Mr Russo’s employer to pay a discretionary bonus…
When can you direct employees to undergo a medical examination?
In Brief One of the common concerns that employers have is whether their employees are well enough to carry out their duties. This may be because an employee is particularly overweight, may be displaying episodes of dizzy spells or is obviously labouring with a bad back or a sore knee. The employer…