Category: Industrial & Employment Law
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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’.
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.