Blog

Category: Industrial & Employment Law


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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WorkPac v Rossato case where casual employee wins paid leave entitlements

‘Casual’ mine worker successful in claim for paid leave entitlements

the Full Federal Court has found a worker (in WorkPac v Rossato) is entitled to paid annual leave entitlements, despite being employed on a casual basis and receiving the casual worker "pay loading".

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What’s causing the surge in unfair dismissal claims during the coronavirus pandemic?

What’s causing the surge of unfair dismissal claims?

In May 2020, Fair Work Commission President, Justice Iain Ross AO revealed that unfair dismissal claims have increased by 60% in April 2020 as compared to April 2019. In this article, we identify three potential factors contributing to the increased unfair dismissal claims.

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AMOU and Maritime Officer Win Expenses Reimbursement

Maritime Officer wins “reimbursement of revalidation expenses” originally rejected by employer

Another great win for Maritime Officers. This decision is a significant win for the Union and its members and provides clarity for members to access benefits of any additional obligations of the employer that may exist under the Agreement.

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ASP Ship Management/RTM Officers Enterprise Agreement Appeal

Hall Payne secures win for maritime officers and marine engineers

Hall Payne secures a great win for members of the Australian Maritime Officers’ Union and the Australian Institute of Marine and Power Engineers in a recent appeal to a Full Bench of the Fair Work Commission related to rejection of the Enterprise Agreement.

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Can my employer stand me down?

The current coronavirus pandemic, resulting in a significant loss of jobs and change to working conditions for many, has raised a number of questions related to employment law. In this article, we ask the question ‘Can my employer stand me down?’

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What are my JobKeeper entitlements and how much should I get?

The JobKeeper scheme: employee entitlements and employer responsibilities

Although the JobKeeper scheme has been widely heralded, there have also been a number of concerns raised; particularly in relation to potential unscrupulous behaviour by some employers.

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In what situations can an employee be summarily dismissed?

Sacked for serious misconduct – summary dismissals

We've noticed a spike in employees being terminated ‘summarily’ or without notice, for alleged serious misconduct since the COVID-19 pandemic started. So, what is serious misconduct and why might there be a spike? What can you be instantly terminated for and can you challenge being sacked summarily?

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