Category: Industrial & Employment Law
Difference between unfair dismissal and wrongful dismissal
Unfair dismissal and wrongful dismissal are often used interchangeably. However, they are not the same and there are key differences between the two.
Industrial action and the right to strike
The considerable attention that workers’ strikes attract has resulted in many employees throughout Australia asking; “what legal rights do I have to take industrial action and to strike?”
Fair Work Commission decision to approve a greenfields agreement quashed by the Federal Court
The Federal Court quashes a decision of the Fair Work Commission to approve a greenfields agreement between Busways and TWU on the basis that it is not a ‘genuine new enterprise’.
Employer’s decision to medically discharge a firefighter with history of PTSD was wrong
NSW Industrial Relations Commission determines the medical discharge of a firefighter, due to PTSD, was wrong and decision overturned.
Signing a deed of release may affect your ongoing worker’s compensation benefits
In this article, we explore how a deed of release can affect an injured worker’s ongoing worker’s compensation benefits following termination of employment.
Win for RTBU in underpayment of wages case
Hall Payne Lawyers successfully represented the RTBU and its members in Federal Court proceedings against Transit Systems Pty Ltd for failing to pass on annual wage increases.
Full Bench of the Fair Work Commission endorses a broader definition of ‘termination of employment’
The Full Bench of the Fair Work Commission has overturned a 2021 decision which led that demotion amounts to dismissal where employment continues with a significant drop in remuneration. What does this new decision mean for workers and employers?
Seasonal workers engaged in fruit picking entitled to minimum rate of pay
Minimum wages for seasonal workers engaged in fruit picking (and other produce picking) apply from April 2022 after the Full Bench of the Fair Work Commission handed down a decision, approving variations to their Award.
Is it legal for employers to monitor employees using surveillance devices?
In short, it is legal for your boss to monitor your work-related tasks and performance however, they do not have unrestricted rights to conduct surveillance.
Blindsiding a worker into a redundancy meeting is not “reasonable management action”
A worker’s initial claim for workers compensation was denied by WorkCover Queensland due to the employer’s actions being considered “reasonable management action”. The worker ultimately appealed to the QIRC who overturned the prior decision and the workers’ compensation claim was ultimately accepted.
Work from home request refused by employer - decision upheld by QIRC
A Queensland tribunal has affirmed the decision of a public hospital to refuse an ongoing ‘work from home’ arrangement for its HR staff, which was introduced during the height of the coronavirus pandemic.
Sexual harassment in the workplace: Australia’s first stop sexual harassment case
In this case, where a worker lodged a “Stop Sexual Harassment” application, the application was dismissed due to “no risk of future sexual harassment”.