By Madeleine Brown, Associate and Miette Xamon, Law Clerk
As we approach Christmas, end of year gifts and bonuses in the workplace become a common occurrence.
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By Renae Harg, Senior Associate, Lauren Wright, Lawyer and Miette Xamon, Law Clerk
When organising your office party this year, there are a few things to be mindful of. Your duty of care as an employer extends to the actions of your employees at a work-sponsored event, even if it held off-site or outside of office hours.
By Renae Harg, Senior Associate and Miette Xamon, Law Clerk
Employer Found to Dismiss Employee Due to Disability
In April 2019, we published an article on the Federal Court decision of Robinson v Western Union Business Solutions (Australia) Pty Ltd [2018] FCA 1913. The Federal Court found the employee was dismissed due to his disability.
By Nikita Barsby, Special Counsel and Miette Xamon, Law Clerk
Commission Satisfied Employer Acted In Good Faith
The unfair dismissal application of a pharmaceutical store-person who suffered from debilitating depression and PTSD has been dismissed after the Fair Work Commission found that she was unable to perform the inherent duties of her role.
By Renae Harg, Senior Associate and Lauren Wright, Lawyer
Can you terminate an employee during their probation period?
Some employers proceed under the misapprehension that they can terminate an employee on probation without providing any reason for the dismissal, with the employee unable to pursue any legal claim against them. The recent decision of Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd (No. 2) [2019] FCCA 1295 has shown this is incorrect. Read More
By Nikita Barsby, Special Counsel and Miette Xamon, Law Clerk
Single Touch Payroll is a change to the way employer’s report employee tax and superannuation information to the ATO
The deadline for small businesses to start using the ATO’s Single Touch Payroll (STP) was 30 September 2019. The new system eases reporting requirements for employers to help ensure compliance with wage and superannuation payments.
By Renae Harg, Senior Associate and Madeleine Brown, Associate
Federal Court Rules in Major Personal/Carer’s Leave Dispute
In Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) [2019] FCAFC 138 the Full Court of the Federal Court clarified how paid personal/carer’s leave (also commonly known as sick leave and carer’s leave) entitlements should be paid and accrued.
Its Spring! Although it’s still brisk and blustery out there – in the weather and many of our clients’ businesses – with some ongoing workplace issues this year being ensuring the correct classification of workers as either employees or independent contractors, permanent or casual engagement, and new developments in domestic violence leave entitlements and casual conversion rights.
By Mark Cox, Director and Madeleine Brown, Associate
High Court rules in favour of employer in social media freedom of political communication case
Comcare v Banerji [2019] HCA 23
A public servant sacked for publishing 1000’s of anonymous tweets criticising her employer has failed in her bid to challenge her dismissal as a breach of the implied freedom of political communication. Read More
By Mark Cox, Director and Gemma Little, Associate
Key parental leave employer obligations explained
An employee has requested to work on a part-time basis on return from parental leave. Or a workplace change has resulted in an employee’s position being removed while they are on parental leave. As an employer, what are your obligations? This article outlines the key obligations an employer has while an employee is on, and when they return from, parental leave. Read More
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