Category: Industrial & Employment Law
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?
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.
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?”
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.
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.
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.
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.
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.
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.
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.
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.
Hall Payne & CFMMEU win significant victory opposing ABCC prosecution
In June 2020, we represented the CFMMEU and 2 of their officials in relation to allegations of taking unlawful industrial action at the Qube construction site at Broadbeach in Queensland. On 12 November 2020, the Court handed down its judgment, dismissing the proceeding.