Category: Industrial & Employment Law
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.
Coronial inquest to determine if victim was an “employee” at the time of death
This matter is dealing with the death of a man after a bee sting. It is before the Coroner in the Magistrates Court Coronial Division. One of the main issues to be determined is whether the victim was a “worker” at the time of the incident, which impacts entitlements for the family under workers compensation and fatal accident laws.
Overpayment of wages. Where do you stand?
The traditional understanding in relation to overpayment of wages is that money can be recovered from an employee if the overpayment arose from a mistake of fact, however, overpayment monies could not be recovered if it arose from a mistake of law.
Full Court appeals see significant win for workers terminated under s.119 of the Fair Work Act
Full Court appeals see a win for workers and their union. On 1 July 2020, the Full Court of the Federal Court dismissed two appeals, finding that the termination of employment of the affected employees did not fall within the exception of ‘ordinary and customary turnover of labour’.
Has your employer reduced your hours/pay under a JobKeeper Direction that seems unreasonable?
With the extension of the Federal Government’s JobKeeper Scheme until 28 March 2021, employees should continue to be aware of their workplace rights in circumstances in which they think their employer has reduced their hours/pay unreasonably.
CEPU and Hall Payne win unfair dismissal claims for TasWater workers
TasWater terminated two employees for offensive and inappropriate sexual remarks about two female colleagues. CEPU and Hall Payne Lawyers teamed up to prove the allegations unfounded, lodging unfair dismissal claims in the Fair Work Commission.
JobKeeper Scheme will be extended beyond September 2020
On 21 July 2020, the Federal Government announced that payments under the JobKeeper Scheme, that was previously due to expire on the 27 September 2020, will be extended until 28 March 2021.
Overpayment of JobKeeper and wage deductions
JobKeeper provides payments to qualifying employers to pay eligible employees during the coronavirus pandemic. Strict conditions apply. But what happens if an employer incorrectly claims JobKeeper? Can they deduct the overpayments from the worker's pay?
I feel like they're trying to force me to resign. Is this a constructive dismissal?
If a worker feels that their employer’s conduct is forcing them to resign their employment, there are options for the worker to protect their interests. Even if you have already resigned, there may still be options to challenge the legality and validity of the termination, most commonly through an unfair dismissal claim.