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?
Types of Binding Financial Agreements (Prenuptial Agreement)
Binding Financial Agreements (BFA) are “financial” agreements used in family law. They are often colloquially known as prenups or prenuptial agreements. BFA’s are entered into prior to, during a marriage or de facto relationship or after a marriage or de facto relationship.
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.
NSW introduces changes to workers compensation laws amid COVID-19
Changes to NSW workers compensation laws. If a worker is in “prescribed employment” and contracts COVID-19 (and lodges a workers compensation claim), they now get immediate wage cover and medical expenses.
‘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.
Maritime Officer wins “reimbursement of revalidation expenses” originally rejected by employer
Another great win for Maritime Officers. This decision is a significant win for the Union and its members and provides clarity for members to access benefits of any additional obligations of the employer that may exist under the Agreement.
The Family Law Courts establish a new “COVID-19 list” to deal with urgent coronavirus impacted matters
The Family Law Courts have now implemented a COVID-19 list. The list is exclusively for urgent family law matters which have arisen as a direct result of the impact of the coronavirus.
ETU members compensated to the tune of over $28,000 in enterprise agreement win
We recently represented the Electrical Trades Union in a dispute related to the interpretation of a clause in the Kentz Pty Ltd Ichthys Onshore Construction Greenfields Agreement. The clause related to the payment of licence allowances, in addition to the base hourly rate. The Federal Court found in favour of the ETU and its affected members.