Some good lessons here. I assume our readers all know what a “constructive discharge” is, but just in case you don’t, it’s when an employer deliberately makes the employee’s life at work so miserable that the employee feels...more
It is worth noting that under the original timetable of the Hon Tony Burke MP for the Closing Loopholes Bill, it would have been passed as law this week....more
From October 30, 2019, heavy penalties will apply to labor hire providers who operate without a license and to businesses that use unlicensed labor hire providers in Victoria. Similar schemes apply in Queensland (since 2018)...more
The Scott Morrison-led Coalition is set to get another term. Will the win against the odds result in changes to Australia's employment laws?...more
MESSAGE FROM THE EDITOR - In this edition of the Update, we first report on new legislation passed in respect of modern slavery, review of Modern Awards and report on the introduction of domestic violence leave into the...more
A recent decision of the Full Bench of the Fair Work Commission delivered last Friday has substantially changed the unfair dismissal landscape and the law governing fixed and maximum term contracts of employment, putting...more
A recent decision of the Fair Work Commission (FWC) serves as a timely reminder to employers that employees earning over the high income threshold aren't necessarily excluded from the unfair dismissal jurisdiction. There are...more
Project contract goes out to tender. Contract is awarded. Contractor hires employees for contract work. Project comes to an end and contractor employees are terminated. It’s the circle of contractor life and a scenario we are...more
A recent Fair Work Commission (FWC) decision reinforces that proving a work health and safety breach will not act as an impenetrable mantra to defend an unfair dismissal claim. Employers must prove they act consistently (and...more
In handing down its recent decision in Hunter v The Commonwealth of Australia, represented by the Department of Sustainability, Environment, Water Population and Communities [2013] FWC 7917 (Hunter v Commonwealth), the Fair...more