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Employment

Unpaid internships: Part 1 – The law as it relates to interns

Unpaid internships are often viewed as a rite of passage for those entering the workforce. But any business looking to engage an intern must ensure that it does so in accordance with the law. This three-part article series explains the relevant law (...

Published by McCabes News
4 March, 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
Employment

Insolvency practitioners’ remuneration slashed after inadequate reports to creditors

The recent decision of the Federal Court (Besanko J) in Lock, in the matter of Cedenco JV Australia Pty Ltd (in liq) (No 2) [2019] FCA 93 illustrates the critical importance for administrators and liquidators of complying with the requiremen...

Published by Andrew Lacey
19 February, 2019
Employment

Costs Orders against Non-Party Directors

The recent case of Vanguard 2017 Pty Limited, in the matter of Modena Properties Pty Limited v Modena Properties Pty Limited (No 2) [2018] FCA 1461 serves as a reminder to directors and other non-parties whose conduct materially influences t...

Published by Andrew Lacey
19 December, 2018
Employment

Klooger v Foodora: FWC delivers decision on employee versus contractor

The Fair Work Commission has ruled in favour of a Foodora rider, finding that he was an employee (not a contractor) for the purposes of the unfair dismissal jurisdiction. In this article, Nicola Martin and Erin Kidd explore the key themes emerging fr...

Published by McCabes News
13 December, 2018
Employment

How to respond to requests for flexible working arrangements under the new modern award provisions

Yesterday, the Fair Work Commission confirmed its provisional view1 that all modern awards should be varied to incorporate a ‘model term’ expanding the rights of award covered employees when requesting flexible working arrangements. These ...

Published by McCabes News
21 November, 2018
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
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