Category: Industrial & Employment Law
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?
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.
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.
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.
‘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".
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.
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.
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.
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.
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?