Category: Industrial & Employment Law
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?
Sacked Sydney bus driver reinstated
Hall Payne recently obtained reinstatement for a Sydney bus driver and RTBU member who was sacked by the State Transit Authority (“STA”) for mobile phone use.
Underpayment of wages
With the increasing number of recent cases publicised regarding wage theft across various industries in Australia, it is important that all employees know their workplace rights and entitlements. This is particularly relevant to wage rights including any underpayment of wages.
Implications of Coronavirus for your Employment
A number of Australian workers are rightly questioning their workplace rights and entitlements if they, or their colleagues, contract Coronavirus (Covid-19).
It’s been raining Awards
Doing the work we do is extremely challenging and demanding but at the same time, highly rewarding. It’s particularly rewarding when recognition comes from your peers, by way of Awards.
Great win for Cathay Pacific pilots
We recently acted for the Australian Aircrew Officers Association in an industrial dispute with Cathay Pacific about remuneration for participating in training, which resulted in a great win for the pilots.
Unfair dismissal win strengthened by “other factors”; not just valid reasons or procedural fairness
When determining an unfair dismissal claim, the Fair Work Commission will consider if the termination was harsh, unjust or unreasonable. When assessing the application, section 387 of Act prescribes that the FWC must consider other factors.
Health practitioners’ obligations to continually update National Board
Once registered, all health practitioners have obligations to continually disclose certain events to their National Board, throughout the registration year.
Family business sacks son for attending dinner late
In March 2019, Pasquale was late for dinner at his parents’ house. There was an argument and he was subsequently told to leave and never come back to the house or to the family business where he was an employee.
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.