Powers of Australian regulators and implications for employees involved in investigations
There are a number of regulatory bodies in Australia whose investigative powers intersect with workplace and work-related activities. It’s crucial for employees who are subject to, or anticipate being subject to an investigation by a regulator, to seek legal advice to protect their interests.
Additional hours – what is reasonable?
According to The Australia Institute, the average Australian worker performs 6 weeks of unpaid overtime a year, worth over $8,000 per worker, per year. Managers and professionals experience the highest rates of unpaid overtime and excessive or unreasonable hours.
Nurses denied pay for time spent self-testing for COVID-19 before every shift
In May 2023, the Fair Work Commission determined that a group of nurses and nursing staff, covered by an enterprise agreement, were not entitled, under that agreement, to overtime pay for the time they spent testing themselves for COVID-19 before each shift.
Appeal win for vulnerable first nations victim of vile workplace abuse
Since an initial worker’s compensation victory for this First Nations client’s severe exposure to racial abuse, we have weathered two appeals on behalf of our client, both made by the Northern Territory Department of Health. We are now delighted to report a favourable conclusion of these lengthy legal proceedings.
Psychological injury claims after employer implemented vaccine mandates
Two recent decisions in the NSW Personal Injury Commission (PIC) have awarded compensation to workers who suffered a psychological injury as a result of the employer’s implementation of the NSW government’s vaccination public health order.
Whistleblower protections in the private sector
A whistleblower may make a protected disclosure for a variety of reasons, including to expose wrongdoing or unlawful activity, or to prevent harm to the public or the environment.
Can I change jobs when on Workcover in Queensland?
If you’ve been injured at work in Queensland and you are in receipt of WorkCover benefits, you can change jobs but it may have an effect on your workers’ compensation claim.
Will I get reinstatement after a successful unfair dismissal claim?
While compensation (instead of reinstatement) of up to six months’ pay is a common alternative remedy for unfair dismissal, reinstatement remains the primary remedy under the Fair Work Act. However, even in successful unfair dismissal applications, the Fair Work Commission often does not order reinstatement.
Casual employees’ entitlement to unfair dismissal protection
Two Fair Work Commission decisions in 2022 considered the circumstances in which a casual employee will be protected from unfair dismissal. These decisions were influenced by recent High Court decisions on the importance of written employment contracts in determining the nature of an employment relationship.
Can staff be directed to work on a public holiday?
The Federal Court has re-affirmed employees’ entitlement to a paid day off on a public holiday. It’s also clarified s 114 of the Fair Work Act 2009 regarding how an employer can reasonably request staff to work on a public holiday, when an employee can reasonably refuse such a request, and the distinction between a request and a requirement.
Can I register my organisation as a public benevolent institution?
Obtaining public benevolent institution registration is highly desired by many organisations due to its provision of specific tax concessions, such as fringe benefit tax exemptions, and potential for increased access to government funding. Not all charities may be registered as a PBI and determining eligibility requires a careful examination of an organisation's purpose, structure, and operations.
$184,000 fine for employer who failed to pay entitlements on termination
When an employee resigned from her employment as General Manager at Atanaskovic Hartnell Corporate Services, the employer refused to pay her final pay entitlements, including outstanding wages, annual leave and long service leave. In Court proceedings, the employer was ordered to make payment but failed to do so within the 21-day requirement. Significant penalties were subsequently ordered.