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Category: Industrial & Employment Law


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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Unfair dismissal claims won for TasWater workers

CEPU and Hall Payne win unfair dismissal claims for TasWater workers

TasWater terminated two employees for offensive and inappropriate sexual remarks about two female colleagues. CEPU and Hall Payne Lawyers teamed up to prove the allegations unfounded, lodging unfair dismissal claims in the Fair Work Commission.

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Changes to JobKeeper payments and eligibility after September 2020

JobKeeper Scheme will be extended beyond September 2020

On 21 July 2020, the Federal Government announced that payments under the JobKeeper Scheme, that was previously due to expire on the 27 September 2020, will be extended until 28 March 2021.

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Can my employer deduct incorrectly paid JobKeeper payments from my future pay?

Overpayment of JobKeeper and wage deductions

JobKeeper provides payments to qualifying employers to pay eligible employees during the coronavirus pandemic. Strict conditions apply. But what happens if an employer incorrectly claims JobKeeper? Can they deduct the overpayments from the worker's pay?

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Have you been forced to resign?

I feel like they're trying to force me to resign. Is this a constructive dismissal?

If a worker feels that their employer’s conduct is forcing them to resign their employment, there are options for the worker to protect their interests. Even if you have already resigned, there may still be options to challenge the legality and validity of the termination, most commonly through an unfair dismissal claim.

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Tran versus Macquarie University – unlawful termination

Sizable compensation upwards of $650,000 awarded for adverse action claim by university worker

In a significant win, Hall Payne recently won over $650,000 in compensation for a university worker terminated for making a complaint about their supervisor.

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What are flexible work arrangements and am I entitled to request them?

What are flexible work arrangements and can you request them?

If you’re an employee (other than a casual employee) who has worked with the same employer for at least 12 months, you can request flexible work arrangements. If you're a casual employee there are also entitlements (with criteria) to request flexibility.

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