Blog

Category: Industrial & Employment Law


Nurse wins QCAT case after romantic relationship with a patient

QCAT decision allows nurse to keep her job after romantic relationship with a patient

We recently represented a nurse who has been allowed to keep her registration despite the QCAT finding she engaged in professional misconduct by commencing and continuing a romantic relationship with a patient that she was treating.

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Do not respond to AHPRA notifications until you have received legal advice

Making statements over the phone to AHPRA

This article addresses the dangers of responding to an initial Australian Health Practitioner Regulation Agency (AHPRA) notification and subsequent inquiry, over the phone during the first point of contact.

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Nursing & Midwifery Board decision to take no further action on health professional's registration

Nursing and Midwifery Board decision: no suspension of registration after serious criminal charge

Hall Payne recently acted for a member of the Queensland Nurses and Midwives Union who had action proposed to have their registration immediately suspended due to a serious assault charge.

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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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AHPRA notification on registration was frivolous and vexatious

Nursing and Midwifery Board decision: AHPRA notification frivolous and vexatious

Hall Payne recently acted for a member of the Queensland Nurses and Midwives Union who had an Australian Health Practitioner Regulation Agency notification made against their registration. We robustly argued that the allegations were vexatious, untrue and incapable of being substantiated.

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What is the fair employment guarantee?

Fair Employment Guarantee (FEG) and eligibility

The Fair Entitlements Guarantee is a safety net scheme that provides assistance for eligible employees who have lost their jobs under specific circumstances.

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CFMMEU win significant victory opposing ABCC prosecution

Hall Payne & CFMMEU win significant victory opposing ABCC prosecution

In June 2020, we represented the CFMMEU and 2 of their officials in relation to allegations of taking unlawful industrial action at the Qube construction site at Broadbeach in Queensland. On 12 November 2020, the Court handed down its judgment, dismissing the proceeding.

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Workplace bullying win based on access to critical evidence

Hall Payne successful in obtaining critical evidence to support victim of workplace bullying

Hall Payne Lawyers recently represented a worker in a workplace bullying case in the Administrative Appeals Tribunal. We were successful in obtaining certain employment records of supervisors who allegedly bullied the applicant at work.

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Bee sting death at Tasiliquid Gold beehives farm

Coronial inquest to determine if victim was an “employee” at the time of death

This matter is dealing with the death of a man after a bee sting. It is before the Coroner in the Magistrates Court Coronial Division. One of the main issues to be determined is whether the victim was a “worker” at the time of the incident, which impacts entitlements for the family under workers compensation and fatal accident laws.

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Can my employer take back money they overpaid me?

Overpayment of wages. Where do you stand?

The traditional understanding in relation to overpayment of wages is that money can be recovered from an employee if the overpayment arose from a mistake of fact, however, overpayment monies could not be recovered if it arose from a mistake of law.

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Spotless Cleaning and Berkeley Challenge lose Full Court appeals

Full Court appeals see significant win for workers terminated under s.119 of the Fair Work Act

Full Court appeals see a win for workers and their union. On 1 July 2020, the Full Court of the Federal Court dismissed two appeals, finding that the termination of employment of the affected employees did not fall within the exception of ‘ordinary and customary turnover of labour’.

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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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