When investigating allegations of misconduct against an employee in the workplace, employers must ensure that any ensuing disciplinary process is kept distinct from and separate to the investigation. This is to ensure that the employee is afforded proper procedural fairness. The purpose of an investigation into allegations of misconduct is to determine whether or not […]
READ MOREChanges to casual employment laws
The right to offers and requests for casual conversion became a part of the National Employment Standards (NES) from 27 March 2021. Prior to this date, the right to request casual conversion was available in some Modern Awards and Enterprise Agreements only. By 27 September 2021 employers must have completed their assessments of any casual […]
READ MOREAdelaide bubble tea operator faces court
The Fair Work Ombudsman has commenced legal action against the operator of three bubble tea outlets in the Adelaide CBD for allegedly underpaying staff more than $186,000. Facing court is Yuxuan Group Pty Ltd, which operates ‘Fun Tea’ outlets on Gouger Street, York Street and in Rundle Mall. The Fair Work Ombudsman alleges Yuxuan Group […]
READ MORESenate passes bill to include miscarriage leave in Australia’s Fair Work Act
Employers in Australia are now required to provide employees with two days of paid bereavement leave for parents who experience a miscarriage, after a historic change to the Fair Work Act. It comes after five years of campaigning by The Pink Elephants, a support network dedicated to miscarriage and pregnancy loss, to amplify the voices […]
READ MOREIndustry funds call for federal government to pay superannuation on parental leave payments
One of the nation’s largest industry fund bodies has slammed the Morrison government for failing to provide superannuation on paid parental leave, which disproportionately affects women. Industry Super Australia claims no super on paid parental leave offered by the federal government has cost working mums upwards of $1.6bn in lost contributions over the past decade. […]
READ MOREPersonal fines for cocktail bar operators
The Fair Work Ombudsman has secured court penalties against the former operators of a rooftop cocktail bar. The Federal Circuit and Family Court has imposed a $15,624 penalty against Don Haris Kumarage, the former operator of The Red Hummingbird bar, and a $12,096 penalty against its former manager, Channa Dissanayake. Mr Kumarage was found to […]
READ MORELong service leave entitlements refused for employees who worked overseas
The Court of Appeal in Victoria ruled that international IT company Infosys Technologies Limited (Infosys) had no obligation to pay long service leave to employees who claimed the entitlement after they worked in Australia for less than three years but up to a decade in India and elsewhere. The court based its ruling on employees […]
READ MOREGold Coast employees underpaid by $215k Fair Work finds, two people owed tens of thousands
Hundreds of workers on the Gold Coast have been underpaid by their employers, according to the Fair Work Ombudsman. Key points: Dozens of businesses have been found breaching workplace laws on the Gold Coast $215,000 in underpaid wages has been given back to more than 400 employees The Fair Work Ombudsman says some were a […]
READ MOREDirection needed: Court finds multiple breaches of general protections provisions
The Federal Circuit Court of Australia (the Court) recently ruled on an application brought by an employee alleging that three respondents had engaged in breaches of the Fair Work Act 2009 (Cth) (FW Act), including sham contracting and dismissing the employee because she was pregnant. The First Respondent operated a business providing online directory services. […]
READ MOREThe legal risks for employees working remotely
On the day that we walked away from our offices to begin our home/life work experience, many of us believed it would be temporary. Little did we know that the pandemic would bring major permanent changes to our places of employment and the work locations of employees. As time has proven, this new way of […]
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