Category: Industrial & Employment Law
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.
Can I have a support person at a workplace disciplinary meeting?
The presence of a support person at a disciplinary meeting is important for emotional support and ensuring the protection of your workplace rights.
Indemnity costs awarded when court finds ‘right of entry permit holders’ wrongly charged with trespass
In what our clients have described as a “landmark victory”, Hall Payne Lawyers has successfully defended an unprecedented attack by the Queensland Police Service on union officials’ statutory right of entry in Queensland.
I have a twelve month employment contract. Can I terminate it early?
If you have an employment contract with a set duration, it will almost always be possible to terminate that contract early. However, there are a number of consequences that may arise should you choose to do so.
Clive’s Palmer’s UAP payments to election day workers may not meet the pub test
Clive Palmer’s United Australia Party (UAP) is offering people $200.00 to hand out how to vote cards at the May 2019 election this Saturday in a number of Adelaide seats. But is it lawful?
Should I be paid for work experience?
Many purported work experience schemes, or to use the du jour word “internships” are unlawful and little more than schemes by which your labour is obtained without payment.
Is a Restraint of Trade clause in my employment contract fully enforceable?
Strictly speaking, restraint of trade clauses are not fully enforceable. Under the common law doctrine of restraint of trade clauses, such clauses are presumed to be void and unenforceable as contrary to public policy.
I am a high income earner. Am I protected by redundancy laws?
Redundancy entitlements are guaranteed by the National Employment Standards (NES). Being a high income earner, does not, on its own, prevent you from redundancy entitlements.
My employer has introduced unattainable KPIs. What options do I have?
Sometimes, KPIs are unreasonable and used by employers who seek to subject their staff to unrealistic workloads or to create an artificial reason to take disciplinary action.
What is the high income threshold and how might it affect me?
The high income threshold is one factor that may prevent an employee from being able to pursue an unfair dismissal application. Currently, if you earn more than $175,000.00 per year...
I've got a new job. What should I be looking out for in my employment contract?
Starting a new job can be a daunting and exciting experience and it is easy to get caught up in the prospect of starting rather than focusing on your employment entitlements which underpin an employee’s employment.