Category: Industrial & Employment Law
$184,000 fine for employer who failed to pay entitlements on termination
When an employee resigned from her employment as General Manager at Atanaskovic Hartnell Corporate Services, the employer refused to pay her final pay entitlements, including outstanding wages, annual leave and long service leave. In Court proceedings, the employer was ordered to make payment but failed to do so within the 21-day requirement. Significant penalties were subsequently ordered.
Casual vs part-time and full-time employee rights and entitlements
There are three primary types of employment; full-time, part-time and casual. There are some common employee rights and entitlements that are shared across all three types of employment, however, a casual employee has fewer rights and entitlements than full-time and part-time employees.
Pay secrecy terms in employment contracts are illegal
Changes to pay secrecy laws in Australia mean that it will be illegal for employers to use pay secrecy terms in employment contracts from 7 December 2022. These laws protect employees’ rights to discuss, or not discuss, their pay with any other person, including work colleagues.
No remedy for ABS employee terminated after sharing anti-lockdown post on LinkedIn
The Federal Circuit and Family Court of Australia has dismissed a claim by an employee alleging that the Australian Bureau of Statistics (ABS) took adverse action against her when it terminated her after she shared anti-lockdown material on her LinkedIn profile during the height of the COVID-19 pandemic in 2021.
Win delivers significant reduction in fines for CFMMEU after successful appeal
In May 2021, the Australian Building and Construction Commission issued proceedings against the CFMMEU and two of its officials for breach of right of entry laws. In February 2022, the Federal Circuit Court ordered penalties, by way of fines. On appeal it was argued that these fines were manifestly excessive. The appeal court agreed, resulting in a reduction in fines by a total of over $54,000.
Fair Work Commission quashes sham enterprise agreement
In this case review, the Full Bench of the Fair Work Commission has demonstrated its ability, and willingness, to overturn agreements that fail to meet legal requirements and to ensure businesses and individuals who fail to comply with the law are held to account.
Discretionary bonus schemes – can an employer deny payment?
In this article, we look at the situation where your employer refuses a ‘’bonus’’ payment on the basis of the “employer’s discretion” and what your options are.
Parental leave entitlements in Australia
The parental leave system in Australia consists of a combination of entitlements, including unpaid parental leave, government-funded paid parental leave and employer-funded parental leave. These entitlements are available for employees upon the birth or adoption of a child.
Is unpaid work legal in Australia?
There are some unpaid work arrangements that are lawful, and some that are not. Whether an unpaid work arrangement is lawful or not depends upon the nature of the arrangement.
Federal Court win in adverse action claim
In 2021, we successfully represented the CFMEU (QLD) in an adverse action claim against BM Alliance Coal Operations Pty Ltd. In January 2023, the Federal Court made an Order in favour of our client.
Volunteer workplace rights and obligations
Volunteers are not covered by any State or Federal employment awards or workplace agreements, however, they still have workplace rights that are protected in legislation.
Employee rights in workplace investigations
If you are told that you are under investigation in your workplace, you need to know your rights when facing a workplace investigation.