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’.
Computer hacking and misuse in Queensland
What most people don’t realise is that computer hacking and misuse can relate to conduct as simple as looking at files on their work allocated computers that they are not supposed to be looking at, even if they have ready access to the files. And it’s a crime in Queensland.
Domestic violence Protection Order appeal dismissed by District Court
We recently assisted a client with successfully dismissing a Domestic and Family Violence Appeal in the District Court in February 2020. We represented the Respondent in relation to a Protection Order in the case of MNT v MEE.
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.
Workers compensation win for FIFO worker in the NT
Hall Payne Lawyers recently successfully represented a union member and former FIFO mine worker who seriously injured himself following a workplace accident. We were successful in winning his case following a 5-day trial before the Work Health Court in the Northern Territory.
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.
Achieving the best compensation for survivors of childhood abuse
Historically, the lasting consequences of child abuse, particularly (PTSD, has prevented survivors throughout Australia from accessing the compensation they rightfully deserve. In this article, we look at the primary differences between compensation via the National Redress Scheme and a common law claim due to someone else’s negligence.
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.