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COVID-19

Do not pass GO, do not collect $200 – Breach of WHS duties met with jail sentences in recent court decisions

Two individuals have recently been dealt jail sentences in circumstances where their contravention of work health and safety (WHS) duties had fatal consequences. The decision to order a custodial sentence in these cases signals an in...

Published by McCabes News
27 February, 2019
COVID-19

A tale of two derogatory comments – when is it bad enough to warrant dismissal?

Two recent decisions in the Fair Work Commission have considered the issue of when an employee can be dismissed for making a derogatory or insulting comment. As these cases highlight, the context in which a comment was said and any past acts of misco...

Published by McCabes News
19 February, 2019
COVID-19

Casual conversion & the National Employment Standards

In our article published last week, we mentioned an update to many Modern Awards, to include provisions giving casua...

Published by McCabes News
15 February, 2019
COVID-19

Fair Work amendments prevent casuals from having their cake and eating it too

The introduction of the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) will effectively alleviate the opportunity for employees, who have been incorrectly classified as ‘casuals’, from double-dipping on their entitlements...

Published by McCabes News
6 February, 2019
COVID-19

Flexible working arrangements likely to change for award covered employees

As part of its four-yearly review of modern awards, a Full Bench of the Fair Work Commission (FWC) has handed down its provisional view1 that all modern awards should be varied to incorporate a ‘model term’ expanding the r...

Published by McCabes News
17 October, 2018
COVID-19

Employers held personally liable after hiding behind sham companies

Employers using complex corporate structures to exploit workers beware: the court can, and will, hold directors personally liable for using such structures to avoid their obligations under the Fair Work Act 2009 (Cth).   Ba...

Published by McCabes News
13 September, 2018
COVID-19

Appeal dismissed! Accounting firm remains liable for client’s workplace contraventions

An accounting firm has failed to convince the Full Federal Court to overturn a finding that it was “involved in” its client’s breaches of workplace laws and was therefore itself taken to have contravened the relevant sections of the Fair Work Act...

Published by McCabes News
21 August, 2018
COVID-19

Australia introduces domestic violence leave

The Fair Work Commission has introduced unpaid domestic violence leave into all industry and occupational awards, effective 1 August 2018.  Subject to meeting evidentiary requirements, award-covered employees are now entitled to family and domestic v...

Published by McCabes News
10 August, 2018
COVID-19

High income threshold edges higher – 2018/19 changes

The high income threshold has increased to $145,400, effective from 1 July 2018.   The Fair Work Commission has released its annual increase to the high income threshold. This threshold affects how modern awards apply to employees and, importa...

Published by McCabes News
30 July, 2018
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