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Legal perspectives from our expert lawyers
Legal perspectives from our expert lawyers
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...
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...
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...
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...
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 ...
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...
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...
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...
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...