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Category: Industrial & Employment Law


Hay Point Services fined over $40,000 by Full Court for breach of enterprise agreement

Win for CFMMEU against employer for breach of enterprise agreement clause related to unreasonable overtime

Hall Payne Lawyers wins another case for CFMMEU with employer having fine imposed by the Federal Court in the sum of $40,500.

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Can an employer force its employees to take annual leave?

Can you be directed to take annual leave during a temporary shut down?

Requesting employees take annual leave, particularly during traditional holidays, including Christmas/New Year and Easter is not uncommon. This triggers an important question: can an employer lawfully force you to take annual leave during a temporary shutdown?

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Childcare worker loses appeal to Fair Work Commission after being dismissed for refusing to have a flu shot

Sacked for refusing flu vaccine

A childcare worker in Gladstone (Queensland), who was dismissed for repeatedly refusing to get the flu vaccine, has lost her unfair dismissal case against her employer, Goodstart Early Learning.

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What are my options if my employer is not paying my superannuation guarantee contributions?

My employer hasn’t been paying my superannuation guarantee

In Australia, employers are required to pay a minimum percentage of eligible employees’ earnings into a superannuation fund. This is called the ‘superannuation guarantee’ and is designed to fund retirement. Some employers are not paying the required super guarantee payments which leads us to the question, ‘What can you do about unpaid employer contributions of superannuation?”

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AHPRA framework to manage vexatious complaints against health practitioners

AHPRA framework to manage vexatious complaints against health practitioners

The Australian Health Practitioner Regulation Agency is aware that vexatious notifications are made against health practitioners from time to time. To help identify and manage vexatious complaints, AHPRA has developed a framework for use by staff and regulatory decision-makers.

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Do I have to tell my employer that I am pregnant?

Do I have to tell my employer I am pregnant?

If you're pregnant and working in paid employment, at some point you will need to discuss work and leave arrangements with your employer; including your entitlement to paid or unpaid leave, ensuring you have a safe work environment and your rights to flexible work arrangements.

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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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