In order to access the unfair dismissal jurisdiction, an employee must be “dismissed” from their employment by the employer. One of the instances in which an employee may be “dismissed” from their employment is if they were forced to resign because of the employer’s conduct or course of conduct. This is referred to as “constructive […]
READ MOREGoodbye, work from home
Despite the remote-work revolution spurred by the advent of the COVID-19 pandemic, many law firms are pushing staff to come back to the office. Many firms are working on a model that will allow staff to work from home only two days per week. Some larger firms are allowing practice teams to settle on their […]
READ MOREEntitlements over the Christmas and New Year break
Around this time each year, we get lots of questions about the Christmas and New Year period, including questions about: employee entitlements when working through the holiday period businesses shutting down between Christmas and New Year. Directing employees to take leave Employers can direct their employees to take annual leave or unpaid leave during a […]
READ MORETemporary flexibility in the Clerks Award extended again
The Fair Work Commission has extended Schedule I in the Clerks Award again. Schedule I provides award flexibility to help workplaces manage the impact of coronavirus and now applies until 29 March 2021. What is Schedule I? Schedule I is a temporary schedule in the Clerks Award that provides extra award flexibility during the impact […]
READ MOREAustralian Unity admits to underpaying aged care and home care staff by $4.25 million
The mutual fund has apologised to employees after a payroll review found staff had been underpaid an estimated $4.25 million in wages and entitlements. Australian Unity has told The Australian that a “significant proportion” of its 4,000 aged and home care employees had been impacted by the review which found examples of underpayment and overpayment […]
READ MOREIt’s on you- the onus and presumption in adverse action matters
Under the general protections provisions in the Fair Work Act 2009 (Cth) (FW Act), it is unlawful for a person to take adverse action against another person for a proscribed reason. One of the features of the general protections provisions under the FW Act is the presumption that adverse action was taken for a proscribed […]
READ MOREWomen’s health clinic in court
The Fair Work Ombudsman has commenced legal action in the Federal Circuit Court against the operator of a women’s health clinic in Melbourne for allegedly withholding Government-funded parental leave payments from an employee. Facing court are The Pagoda Tree (Vic) Pty Ltd, which operates The Pagoda Tree clinic in Albert Park, and the company’s sole […]
READ MORENSW lifts payroll tax threshold
The New South Wales government has announced further cuts to payroll tax as it aims to lower unemployment numbers. NSW Treasurer Dominic Perrottet has revealed that the state’s payroll tax threshold will be increased to $1.2 million, up from $1 million. The tax relief announcement comes ahead of Tuesday’s state budget, with Mr Perrottet also […]
READ MOREKing & Wood Mallesons unveils roster structure of hybrid working
Law firm King & Wood Mallesons is set to bring in a roster system of hybrid working to give employees structure to their work life. As we move into a post-pandemic world, questions are surfacing around what the future of work will look like. But KWM is keen to offer certainty and routine for employees […]
READ MOREPut it in writing: Notice of termination in the employment contract
When it comes to engaging new employees or promoting existing employees, it is crucial that employers prepare and review contracts of employment to ensure that they accurately reflect the terms which will govern an employee’s employment. Standard clauses, such as clauses providing notice of termination, can easily be overlooked. This can be a critical error […]
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