Can employers be vicariously liable for actions of intoxicated workers?
We explore the case of Schokman v CCIG Investments, where the Court considered in detail, the concept of vicarious liability. This matter was ultimately appealed to the High Court.
Casual vs part-time and full-time employee rights and entitlements
There are three primary types of employment; full-time, part-time and casual. There are some common employee rights and entitlements that are shared across all three types of employment, however, a casual employee has fewer rights and entitlements than full-time and part-time employees.
Motor vehicle accident compensation claims Tasmania – your plain English guide
Our plain English guide to claiming compensation after a motor vehicle accident in Tasmania provides detailed information on the claims process, what compensation is available and other useful tips to ensure your entitlements are protected.
Widow awarded over $750,000.00 in NSW worker’s compensation death benefits
In a significant Personal Injury Commission decision in NSW, the widow of an electrical worker was awarded over $750,000.00 in lump sum compensation. The widow filed a death claim after her husband died as a result of a psychological injury arising out of his employment.
Pay secrecy terms in employment contracts are illegal
Changes to pay secrecy laws in Australia mean that it will be illegal for employers to use pay secrecy terms in employment contracts from 7 December 2022. These laws protect employees’ rights to discuss, or not discuss, their pay with any other person, including work colleagues.
No remedy for ABS employee terminated after sharing anti-lockdown post on LinkedIn
The Federal Circuit Court has dismissed a claim by an employee alleging that the ABS took adverse action against her when it terminated her after she shared anti-lockdown material on her LinkedIn profile during the height of the COVID-19 pandemic in 2021.
Win delivers significant reduction in fines for CFMMEU after successful appeal
In May 2021, the Australian Building and Construction Commission issued proceedings against the CFMMEU and two of its officials for breach of right of entry laws. In February 2022, the Federal Circuit Court ordered penalties, by way of fines. On appeal it was argued that these fines were manifestly excessive. The appeal court agreed, resulting in a reduction in fines by a total of over $54,000.
Fair Work Commission quashes sham enterprise agreement
In this case review, the Full Bench of the Fair Work Commission has demonstrated its ability, and willingness, to overturn agreements that fail to meet legal requirements and to ensure businesses and individuals who fail to comply with the law are held to account.
Company limited by guarantee vs incorporated association for not-for-profit organisations
For many not-for-profit and non-trading organisations, choosing the right legal structure will often narrow down to a trust, incorporated association or company limited by guarantee.
Discretionary bonus schemes – can an employer deny payment?
In this article, we look at the situation where your employer refuses a ‘’bonus’’ payment on the basis of the “employer’s discretion” and what your options are.
Event organisers’ duty of care where there is obvious risk of injury
In the 2022 case of Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited, the High Court of Australia considered the issue of duty of care, of the event organisers, when there is an obvious risk of injury.
Parental leave entitlements in Australia
The parental leave system in Australia consists of a combination of entitlements, including unpaid parental leave, government-funded paid parental leave and employer-funded parental leave. These entitlements are available for employees upon the birth or adoption of a child.