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Employment

PCR Test as an Alternative to Vaccinations? The Fair Work Commission Says No

The Fair Work Commission (FWC) has recently been called on to determine whether a worker's offer to undergo polymerase chain reaction (PCR) testing instead of receiving a COVID-19 vaccination was a reasonable alternative to receiving the vaccine. On...

Published by Tim McDonald
23 March, 2022
Employment

Getting ahead on sporting risks at school; “When games are properly controlled and supervised, allowing children to participate in them is not, in the absence of special circumstances, negligent”

Introduction The authors successfully acted for the NSW Department of Education in a crucial case where the NSWSC considered whether a school breached the duty of care owed to a student suffering a serious head injury whilst playing a 'hybri...

Published by Leighton Hawkes
7 September, 2021
Employment

Key employment rate changes for 2021/22

On 1 July 2021, a number of employment related financial thresholds increased for the 2021/22 financial year including the 2.5 percent minimum wage increase as well as the new 10 percent compulsory superannuation rate which came into effect on 1 July...

Published by Tim McDonald
5 August, 2021
Employment

Spotlight on Sexual Harassment

The issue of sexual harassment in the workplace has dominated media coverage for much of early 2021. The handling of Brittany Higgins' sexual assault complaint has highlighted the need for employers to have effective processes for managing allegation...

Published by Tim McDonald
5 August, 2021
Employment

WorkPac Pty Ltd v Rossato [2021] HCA 23

The High Court upheld WorkPac's challenge to the finding of the Full Court of the Federal Court which found that coal mineworker Robert Rossato was entitled to paid leave while engaged as a casual employee on consecutive contracts for almost four yea...

Published by Tim McDonald
5 August, 2021
Employment

Family Ties – Family Provision Claims in Bankruptcy

When a person becomes bankrupt, his or her property vests in their trustee in bankruptcy. Property of a bankrupt generally extends to a bankrupt's right to commence litigation. However, specific carve outs exist for certain types of litigation which ...

Published by Andrew Lacey
10 June, 2021
Employment

Applicability of Insolvency Practice Schedule and Insolvency Practice Rules to incorporated associations

In the judgment of In the matter of Order of AHEPA NSW Incorporated [2020] NSWSC 1626, the NSW Supreme Court has provided helpful guidance to administrators as to whether the Insolvency Practice Schedule (Corporations) (IPSC...

Published by Foez Dewan
14 December, 2020
Employment

Two-timing employees: When can you prevent an employee from moonlighting?

These days, it seems like every second person you speak to has a "side hustle".  They're driving a rideshare vehicle, selling essential oils, skincare or make-up, have an artisan stall at the local markets or online, create and deliver Instagram wort...

Published by McCabes News
9 November, 2020
COVID-19

Are your employees entitled to a pay rise from 1 November?

The second tranche of award rate increases for FY20/21 will commence from the first full pay period on or after 1 November 2020. Employers with employees covered by the modern awards affected by this change must ensure that they review pay rates to a...

Published by McCabes News
27 October, 2020
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