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.
Direct Pathway for New Zealand Citizens Applying for Australian Citizenship
In April 2023, the Australian government announced a new direct pathway for eligible New Zealand Citizens applying for Australian Citizenship. The new direct pathway commences from 1 July 2023 and is available to New Zealand citizens holding a Special Category Visa and who meet the eligibility criteria.
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 and Family Court of Australia has dismissed a claim by an employee alleging that the Australian Bureau of Statistics (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.