From 26 August 2024, employees will have a legal right under the Fair Work Act 2009 (Cth) to refuse to monitor, read or respond to contact or attempted contact from their employer outside of their working hours, unless the refusal is unreasonable (the Right). The Right also applies to any contact or attempted contact from […]
Several changes to casual employment will be introduced by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (Cth) which endeavour to create fair treatment for casual employees (the Changes). Summary of the Changes Definition of Casual Employees The new definition of a casual employee will focus on the absence of an employer’s […]
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (Cth) has introduced several important changes for independent contractors. These changes include a new definition of employment, the expansion of the powers of the Fair Work Commission (FWC) to deal with unfair terms in services contracts and the introduction of new frameworks providing minimum […]
Background In a recent legal development, a court has declined to order costs against a former sales representative who rejected multiple settlement offers before losing her adverse action case against tools manufacturer Makita (“the Company”). The court found “nothing especially alluring” about the settlement offers, ultimately leading to the dismissal of the respondents’ application […]
A recent notable ruling has underscored the critical importance of prompt action for employers aiming to enforce restraint of trade clauses against former employees. A delay of just three months in initiating legal proceedings proved detrimental, leading to the dismissal of an employer’s application for interim relief. Scyne Advisory Business Services Pty Ltd v Heaney […]
Paid parental leave is set to undergo significant changes starting from July 2024, offering increased support for working families across Australia. The passage of the Paid Parental Leave Amendment (More Support for Working Families) Bill 2023, unamended by the Senate on 18 March 2024, marks a pivotal moment in bolstering parental benefits nationwide. Under the […]
The Federal Circuit and Family Court of Australia (FCFCA) has recently awarded almost $100,000.00 in damages and penalties to an employee for their employer’s unlawful adverse action. Judge Riley found that the company Asaleo Personal Care Pty Ltd (the Company) placed the sourcing manager (Mr Lees) on a performance review and then dismissed him because […]
According to s 382 of the Fair Work Act 2009 (Cth) (‘the Act’), those earning more than $162,000 per annum cannot file an Unfair Dismissal claim with the Fair Work Commission (‘FWC’). However, two recent cases have demonstrated a few important exceptions to this rule. Brian Cowan v I.P.C. Pty Ltd [2023] In the first […]
Background The Albanese Government made a pre-election promise to implement recommendations made by the Migrant Workers’ Taskforce to tackle wage underpayment and non-payment. These reforms would see underpaying employers to face fines greater than $4 million or three times the underpaid sum involved. Individuals such as directors and HR managers would also face penalty charges […]
The recent NSW Court of Appeal decision in Wipro Limited v State of NSW has departed from the longstanding interpretation of the Long Service Leave Act 1955 (NSW). The Background The employee in this case the applicant sought to claim long service leave pay after working for 11 years at Indian IT corporation, Wipro. He worked at Wipro’s Indian […]