Category: Industrial & Employment Law
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.
Sizable compensation upwards of $650,000 awarded for adverse action claim by university worker
In a significant win, Hall Payne recently won over $650,000 in compensation for a university worker terminated for making a complaint about their supervisor.
What are flexible work arrangements and can you request them?
If you’re an employee (other than a casual employee) who has worked with the same employer for at least 12 months, you can request flexible work arrangements. If you're a casual employee there are also entitlements (with criteria) to request flexibility.
‘Casual’ mine worker successful in claim for paid leave entitlements
the Full Federal Court has found a worker (in WorkPac v Rossato) is entitled to paid annual leave entitlements, despite being employed on a casual basis and receiving the casual worker "pay loading".
What’s causing the surge of unfair dismissal claims?
In May 2020, Fair Work Commission President, Justice Iain Ross AO revealed that unfair dismissal claims have increased by 60% in April 2020 as compared to April 2019. In this article, we identify three potential factors contributing to the increased unfair dismissal claims.