All publications relating to ‘Employment’
“Reasonable Notice” – Sounds innocuous but can be expensive
It is a trite proposition that employment contracts are important. One key benefit of having an applicable employment contract in place governing an employment relationship is that the notice an employer is required to give to the employee to terminate employment is, subject to the minimum legislative requirements in the Fair…
JobKeeper 2.0: What employers need to know
On 1 September 2020, the Federal Government passed the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020 which has enabled the extension of the JobKeeper scheme. In this article we summarise the main points of the extended scheme, dubbed JobKeeper 2.0. Employer eligibility When the JobKeeper scheme was originally implemented…
Right to toilet break a relief for employees
In the recent decision of Retail and Fast Food Workers Union Incorporated v Tantex Holdings Pty Ltd [2020] FCA 1258, an Australian court (namely the Federal Court) has, for the first time, held that employees have a workplace right to use the toilet and drink water while at work. This determination was made…
Claiming to be a modern-day Mr Darcy was no defence to sexual harassment
In the recent matter of Hughes trading as Beesley and Hughes Lawyers v Hill [2020] FCAFC 126 (Hughes v Hill), the Full Court of the Federal Court of Australia rejected a categorisation of conduct by a lawyer towards his employee as romantic gestures akin to those of the well-known literary figure, Mr Darcy, rather…
Abuse from the Anti-Mask ‘Activists’: The Obligations of Employers
One very recent and unwelcome phenomenon during the Covid-19 pandemic in Australia has been the emergence of the anti-mask “activists” (often described using the recently minted pejorative “Karen”). Media reports (largely based on social media posts) suggest they are especially prevalent in Victoria, where masks in public have been made…
COVID-19 | Updated JobKeeper Scheme
On 21 July 2020, the Federal Government announced that it would be extending the JobKeeper payment scheme for eligible employers until 28 March 2021. The JobKeeper scheme, which was originally due to come to an end on 27 September 2020, will now be targeted towards those businesses and not-for-profits which continue…
COVID-19 | The Fairness Principle in Standing Down Employees
In the recent matter of Mr Ryan La Plume v Thomas Foods International Pty Limited T/A Thomas Foods International [2020] FWC 3690, the Fair Work Commission (FWC) considered an application to deal with a stand down dispute arising in the context of the COVID-19 pandemic. This matter demonstrates the importance of employers…
Meritas — An Introduction to Temporary Changes Affecting Businesses in Australia and New Zealand
Looking for business and legal guidance regarding COVID-19 updates and programs in Australia & New Zealand? This document has coverage across the region with member firms who are here to assist. Please visit any of the COVID-19 resource materials for more comprehensive updates. View here…
COVID-19 | Fair Work Commission considers factors impacting redundancy payouts
In four (related) cases, the Fair Work Commission (FWC) recently ruled in favour of an employer by reducing the redundancy payouts owed to four of its employees. These four cases, HyperLife Pty Ltd t/a Acme Prestonv v Kelly Brennan [2020] FWC 3080, HyperLife Pty Ltd t/a Acme Preston v Erin Black [2020] 3081…
Fair Work Commission Full Bench Confirms Gig Worker’s Status
The status of gig economy workers has been a source of extensive debate in recent years. Michael Byrnes, Partner and Emily Capener, Solicitor examine a recent decision by the Full Bench of the Fair Work Commission which confirmed that delivery drivers working for gig economy giant Uber Eats are not employees. In Amita…