All publications relating to ‘Employment’
Looks like an employee, works like an employee, behaves like an employee… but they could be a contractor
Since the Hollis v Vabu (‘Vabu’) decision in 2001, the courts and the Fair Work Commission (‘FWC’) have applied a holistic assessment in determining whether the relationship between a business and its worker is an employment relationship or a contractor engagement. However, in 2022, the High Court decisions of Personnel Contracting and Jamsek threw out…
Australia Day Substitution: The Legal Issues
It has been reported that some of the largest employers in Australia, including Woolworths, Telstra and Network 10, are now giving employees the option of working on Australia Day (January 26) and taking that public holiday at another time. This development has arisen from both a general trend towards flexibility in the…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties (2022 Edition)
It’s that time of year. The ‘Silly Season’. For many organisations, the official employer Christmas party is imminent. The events for this year, 2022, will be the first for three years in which the COVID-19 pandemic won’t be a significant factor. The starting point for office Christmas parties is that they are…
Paid Family and Domestic Violence Leave – Amendments to the NES under the Fair Work Act
The Albanese Labor Government has fulfilled a promise made prior to the election to implement a change to employment laws which will assist victims of family and domestic violence. As a result of this change, which was passed by Federal Parliament on 27 October 2022, employees will now, under the National Employment Standards, be…
Employees ‘Soldiering On’ With COVID-19: What Can Employers Do?
The Change in Rules At a recent national cabinet meeting, the leaders of the states and territories agreed that from October 14 people infected with COVID-19 no longer need to isolate. The period of mandatory isolation after testing positive was recently reduced from 7 to 5 days. It will now be removed altogether. Those who…
Rebels Who Dislike the Cause: Can Employees Be Directed to Act Contrary to Beliefs?
The recent controversy over the Manly Warringah Sea Eagles ‘rainbow’ rugby league jersey raises an interesting employment law question which extends beyond football: to what extent can an employer direct an employee to promote, or be involved in, a cause, message or campaign to which the employee objects? The starting point is…
The Workplace Vaccine Mandate Myth Buster Case
In the recent Fair Work Commission decision of Eileen Owens v I‑Med Radiology Ltd [2022] FWC 1823, an interlocutory judgment considering whether an unfair dismissal application had been filed within the required 21 days, Deputy President Asbury surveyed recent cases dealing with mandatory workplace COVID-19 vaccination and very helpfully set out principles…
Important Workplace Relations Changes Effective 1 July 2022
Employers and employees alike need to be aware of important changes in the workplace relations space, effective 1 July 2022. From that date: the high income threshold for unfair dismissal cases will increase to $162,000 per annum (from the present $158,500 per annum) and the compensation limit will be $81,000 (equivalent to…
Landmark Statement on the Rights of Gig Economy Workers
Uber and the Transport Workers Union (TWU) have signed a joint Statement of Principles that calls for reform of the rights and conditions of workers in the on-demand transport industry who are not engaged as employees. The statement signals support for the Federal Government legislating for an independent body with the capacity…
5.2% Increase to National Minimum Wage
As part of its Annual Wage Review for 2021 / 2022, an Expert Panel of the Fair Work Commission (FWC) has today announced a 5.2% increase in the national minimum wage. That means it will be $812.60 (or $21.38 per hour) from 1 July 2022. This represents a marked increase from the 2.5%…