Author: Tim Grellman

NSW bus driver traffic charge dismissed by the Court

Court dismisses NSW bus driver’s traffic charge

In March 2022, we represented a member of the Rail, Tram and Bus Union (NSW) to defend a traffic charge. The Court ultimately dismissed the charge, despite the RTBU member pleading guilty.

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Stop sexual harassment application dismissed due t no risk of future sexual harassment

Sexual harassment in the workplace: Australia’s first stop sexual harassment case

In this case, where a worker lodged a “Stop Sexual Harassment” application, the application was dismissed due to “no risk of future sexual harassment”.

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Employers wishing to mandate COVID vaccination must consult with workers

Workplace consultation crucial when mandating vaccination

A decision of the Full Bench of the Fair Work Commission determines coal mine’s vaccine mandate not lawful/reasonable simply due to lack of consultation.

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When does unpaid work constitute an employment relationship?

Case review - when does unpaid work constitute employment?

A recent decision of the Fair Work Commission has again considered whether unpaid work constitutes employment.

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Can an employer force its employees to take annual leave?

Can you be directed to take annual leave during a temporary shut down?

Requesting employees take annual leave, particularly during traditional holidays, including Christmas/New Year and Easter is not uncommon. This triggers an important question: can an employer lawfully force you to take annual leave during a temporary shutdown?

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Do labour hire workers have unfair dismissal protections?

Case review: labour hire employees and unfair dismissal

Labour hire employees are workers employed by one company but perform their work at an external company. An increasing number of workers in Australia perform work under a labour-hire agreement. This has triggered important questions for many of those workers.

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Can my employer reduce my hours when I’m on JobKeeper?

Has your employer reduced your hours/pay under a JobKeeper Direction that seems unreasonable?

With the extension of the Federal Government’s JobKeeper Scheme until 28 March 2021, employees should continue to be aware of their workplace rights in circumstances in which they think their employer has reduced their hours/pay unreasonably.

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What other matters are considered for unfair dismissal?

Unfair dismissal win strengthened by “other factors”; not just valid reasons or procedural fairness

When determining an unfair dismissal claim, the Fair Work Commission will consider if the termination was harsh, unjust or unreasonable. When assessing the application, section 387 of Act prescribes that the FWC must consider other factors.

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Can I terminate an employment contract early?

I have a twelve month employment contract. Can I terminate it early?

If you have an employment contract with a set duration, it will almost always be possible to terminate that contract early. However, there are a number of consequences that may arise should you choose to do so.

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