Blog

Have you been forced to resign?

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.

Read more

Tran versus Macquarie University – unlawful termination

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.

Read more

What are flexible work arrangements and am I entitled to request them?

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.

Read more

WorkPac v Rossato case where casual employee wins paid leave entitlements

‘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".

Read more

What’s causing the surge in unfair dismissal claims during the coronavirus pandemic?

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.

Read more

AMOU and Maritime Officer Win Expenses Reimbursement

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.

Read more

Peace and Good Behaviour Orders QLD

What is a Peace and Good Behaviour Order (Qld)?

If you believe you are being harassed, and the offending conduct is causing you to fear for your safety, you may be able to make an application for a peace and good behaviour order (PGBO) against the person harassing you.

Read more

Enterprise Agreement dispute win for ETU members – CEPU versus Kentz Pty Ltd

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.

Read more

ASP Ship Management/RTM Officers Enterprise Agreement Appeal

Hall Payne secures win for maritime officers and marine engineers

Hall Payne secures a great win for members of the Australian Maritime Officers’ Union and the Australian Institute of Marine and Power Engineers in a recent appeal to a Full Bench of the Fair Work Commission related to rejection of the Enterprise Agreement.

Read more

Can my employer stand me down?

The current coronavirus pandemic, resulting in a significant loss of jobs and change to working conditions for many, has raised a number of questions related to employment law. In this article, we ask the question ‘Can my employer stand me down?’

Read more

What are my JobKeeper entitlements and how much should I get?

The JobKeeper scheme: employee entitlements and employer responsibilities

Although the JobKeeper scheme has been widely heralded, there have also been a number of concerns raised; particularly in relation to potential unscrupulous behaviour by some employers.

Read more

In what situations can an employee be summarily dismissed?

Sacked for serious misconduct – summary dismissals

We've noticed a spike in employees being terminated ‘summarily’ or without notice, for alleged serious misconduct since the COVID-19 pandemic started. So, what is serious misconduct and why might there be a spike? What can you be instantly terminated for and can you challenge being sacked summarily?

Read more