Pay equity under the Fair Work Act - Equal Remuneration Orders
Despite significant headway in recent years in campaigns for equal pay for women, we are still some way off pay equality. In 2022, the Albanese Government took steps to expand that power in the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. The full effect of these recent amendments has yet to be realised.
Strengthening Australian visa refusal and cancellation parameters
A new immigration Ministerial Direction (known as MI110) aimed at tightening the parameters for decision makers regarding what factors should be given weight when considering Australian visa refusals or cancellations came into effect from 21 June 2024.
Defence strategy sees driver retain licence with no conviction recorded
In November 2023, we represented a member of the United Workers Union in relation to a charge of driving across double unbroken lines to make a U-turn in New South Wales. If convicted, the charge could have resulted in a penalty of three demerit points and a fine. However, a considered defence strategy resulted in the charge being dismissed, and no conviction was recorded.
Key appointments strengthen Hall Payne’s commitment to the union movement
The appointment of Sunil Kemppi and Mark Diamond show Hall Payne’s continued growth of the firm's industrial team in NSW and nationally. We are very excited to have two exceptional lawyers and trade unionists join our national team industrial practice where we have no doubt they will make an immediate and positive impact for our clients.
Workers’ compensation journey claims when travelling to and from work
There are different compensation schemes in Queensland depending on whether an injury occurred due to a workplace accident or as a result of a motor vehicle accident. Sometimes, a worker may be injured in a road accident while travelling to or from work. This poses the question: “Is it a workers’ compensation claim or a motor vehicle accident claim, or both?”
Child sexual abuse and exploitation of power in Australian schools
The 2024 sentencing of WA teacher Nicholas Visser, for child sexual abuse crimes, exposes the dark reality of individuals entrusted with the well-being and education of students. This blog explores the impact of child sexual abuse on victims and the compensation avenues available.
Bail applications in Queensland
If charged with a criminal offence in Queensland, prior to your matter going to trial you may seek bail. Bail is a promise, or an undertaking, that you will return to court on a set date and abide by certain conditions. Read more about applications, conditions that may be set, variations and breaches.
I was injured at work in NSW but my employer is uninsured, what now?
It’s compulsory for all employers in NSW, unless they’re considered an “exempt employer”, to have worker's compensation insurance. So, what happens if your employer is not “exempt” from holding worker's compensation insurance and you are injured at work?
Can employees be dismissed for their conduct outside of work hours?
Absent specific circumstances being established, employers have no right to control their employees’ conduct outside of work. However, if an employee’s out of work conduct has a significant and adverse effect on their employment, then an employer may be able to take disciplinary action, which may include termination of employment.
Benefits of contemporaneous notes in legal proceedings
If you’re in a dispute that may end up in legal proceedings, contemporaneous file notes can be used as documentary evidence to corroborate direct oral evidence of a fact. They can be extremely useful in a variety of different situations, including disciplinary, bullying or discrimination issues in the workplace.
Drug diversion in Queensland
In criminal law matters in Queensland, there are two drug types of drug diversion. One is court ordered drug diversion and the other is police drug diversion. We explore the differences between the two.
Increased protection for temporary migrant workers
The Migration Amendment (Strengthening Employer Compliance) Act 2024 received royal assent on 20 February 2024 and commences from 1 July 2024. These changes are being introduced to try to curb temporary migrant worker exploitation and hold employers who conduct themselves this way accountable.