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Employment

Termination payments must now be made within 7 days to most award-covered employees

On 1 November 2018, a new clause was inserted into 89 of the 122 modern awards. This new clause requires employers to make all termination payments to relevant award-covered employees within 7 days of their employment terminating. The change is now i...

Published by McCabes News
18 November, 2018
Employment

Penalty rates increased for casuals in the retail industry

Casual employees in the retail industry will be entitled to increased penalty rates, following a decision by the Full Bench of the Fair Work Commission (FWC) as part of its four-yearly review of the General Retail Industry Award 2010. Under...

Published by McCabes News
11 October, 2018
Employment

Navigating the Small Business Fair Dismissal Code

The Full Bench of the Fair Work Commission has made an important ruling regarding the Small Business Fair Dismissal Code, confirming that small business employers must give their employees an opportunity to respond to a warning prior to their dismiss...

Published by McCabes News
18 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
Employment

By that very fact: ‘ipso facto’ clauses from 1 July 2018

It is common to have ‘ipso facto’ clauses included in commercial contracts, so that a contracting party becomes automatically entitled to enforce its rights against the counterparty upon the occurrence of one or more events specified in the contract....

Published by Foez Dewan
29 June, 2018
COVID-19

211,104 more reasons not to discriminate against employees

Fair Work Ombudsman v Yenida Pty Ltd & Anor [2017 FCCA 2299];  Fair Work Ombudsman v Yenida Pty Ltd & Anor [2018] FCCA 1342 A Tasmanian hotelier and his company have been fined $211,104 for rampant underpayments and deliberately expl...

Published by McCabes News
6 June, 2018
Employment

Unblemished work record not a ‘free pass’

Benjamin Gigney v Qantas Airways Limited T/A Qantas [2018] FWC 1352 A recent case in the Fair Work Commission has contemplated when a breach of a workplace conduct policy can justify dismissal. The case also makes it clear t...

Published by McCabes News
6 June, 2018
Employment

Taken to the cleaners – Federal Court makes landmark ruling concerning the exception to redundancy pay

United Voice v Berkeley Challenge Pty Limited [2018] FCA 224 The Federal Court of Australia has made an important ruling regarding an exception to make redundancy payments to employees under the Fair Work Act 2009 (Cth) (FW ...

Published by McCabes News
6 June, 2018
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