Category: Industrial & Employment Law
Civil Aviation Safety Authority (CASA) decision appealed and won for VIPA member
Recently, a VIPA (the Association for Virgin Australia Group Pilots) member received a positive outcome in a case where the member’s career was at risk, due to a decision by the Civil Aviation Safety Authority (CASA) to cancel his medical certificate – essential to be a commercial pilot in Australia.
Social media and work – employees be warned
Inappropriate social media use at work and even away from work, can have a significant negative impact on your employment and could lead to disciplinary action or dismissal. Just ask Hobart Hurricane's wicketkeeper, Emily Smith.
Sham Contracting: Disguised Employment Relationship
Sham contracting is a term used to describe the situation where a worker is engaged by a company as an independent contractor when in fact, they should be engaged as an employee.
Volunteer deemed 'worker' under Anti-Bullying laws
Benjamin Legge, a foster carer under arrangements with Barnardos Australia, contends he was subjected to workplace bullying by case managers and other managers. He filed an application in the Fair Work Commission seeking orders to stop the bullying.
All you ever wanted to know about your annual leave entitlements
Annual leave entitlements apply to the majority of the workforce and in 2009, annual leave was enshrined in the National Employment Standards (NES) as one of the 10 minimum entitlements available to employees.
What if I have used all my sick leave but I am still sick?
Under the NES, Australian workers in the private sector employed on a full-time or part-time basis, are entitled to paid ‘personal/carer’s leave’. This leave entitlement is commonly referred to as ‘sick leave’.
What is unfair dismissal and what are my options?
If someone is terminated from their employment and they believe the termination was unfair, there are a number of options available for them to challenge the legality and validity of their termination. The most common alternative is an unfair dismissal claim.
Am I being bullied or is it reasonable management action?
The workplace can be an environment of stress for some workers. Although they may feel their manager is bullying them, it may actually be ‘reasonable management action being carried out in a reasonable manner’. Find out the difference.
Can my employer deduct money from my wages?
Deducting money from a worker’s pay may be unlawful and also amount to an underpayment of wages. Likewise, requiring a worker to spend their own money in order to perform their job may amount to a non-payment or underpayment of wages.
Can I secretly record meetings with my employer?
In Australia the legality of recording a conversation varies from State to State. Before you record anything, you need to understand the laws that apply to the State you live or work in.
Significant decision in the Fair Work Commission sets out guiding principles to govern interaction between conciliation and arbitration
The Full Bench of the Fair Work Commission (‘FWC’) recently handed down a significant decision on the practices of a member of the Commission arbitrating proceedings in which they have previously conciliated.
Professional conduct; maintaining boundaries between health professionals and patients
The health professional/patient relationship isn’t a friendship; it’s a therapeutic relationship directed by the patient’s health needs. There are professional boundaries to be maintained.