Category: Industrial & Employment Law

Major changes for casual employees in 2021
In March 2021, changes to the Fair Work Act came into effect which were the result of the federal government’s attempts at defining casual employment.

No jab, no work: Can my employer force me to have the COVID vaccine?
The Federal Government’s policy remains that vaccines should be voluntary and free. However, depending on the circumstances, your decision to remain unvaccinated may hold consequences for your employment.

Immediate action against health practitioners
For health practitioners, facing the prospect of having immediate action taken against their professional registration can be one of the most stressful times in a health practitioner’s professional career, and it can be difficult for health practitioners to determine who to turn to for assistance.

Win for CFMMEU against employer for breach of enterprise agreement clause related to unreasonable overtime
Hall Payne Lawyers wins another case for CFMMEU with employer having fine imposed by the Federal Court in the sum of $40,500.

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.