Blog

Category: Industrial & Employment Law


WorkPac v Rossato case where casual employee wins paid leave entitlements

‘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".

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What’s causing the surge in unfair dismissal claims during the coronavirus pandemic?

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.

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AMOU and Maritime Officer Win Expenses Reimbursement

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.

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Enterprise Agreement dispute win for ETU members – CEPU versus Kentz Pty Ltd

ETU members compensated to the tune of over $28,000 in enterprise agreement win

We recently represented the Electrical Trades Union in a dispute related to the interpretation of a clause in the Kentz Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The clause related to the payment of licence allowances, in addition to the base hourly rate. The Federal Court found in favour of the ETU and its affected members.

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ASP Ship Management/RTM Officers Enterprise Agreement Appeal

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.

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Can my employer stand me down?

The current coronavirus pandemic, resulting in a significant loss of jobs and change to working conditions for many, has raised a number of questions related to employment law. In this article, we ask the question ‘Can my employer stand me down?’

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What are my JobKeeper entitlements and how much should I get?

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.

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In what situations can an employee be summarily dismissed?

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?

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What are my WHS rights and entitlements during the coronavirus?

Are you safe at work during the COVID-19 pandemic? WHS rights and entitlements

As coronavirus continues to play an increasing risk to all Australian workers, your employer must allow you to work from home wherever and whenever you can. This should include the modification of business practices where possible. Learn all about your WHS rights here.

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What are my employment rights when working from home?

Employment rights and obligations while working from home during COVID-19

During COVID-19, with it becoming increasingly common to work from home, it is important to consider the legal implications that may arise when moving from your office to your home office.

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NSW IR Commission reinstates bus driver over mobile use

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.

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What are my rights if I am being underpaid at work?

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.

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