Archive for the 'Employment Law' Category

1 October 2019

Genuine Redundancy – A reminder to consult

In the midst of economic downturns or poor financial performance, employers are often faced with the difficult decision to restructure their business, or streamline/automate some of their processes to remain competitive. Sometimes employers are left with no other option but to make some of their hard-working employees redundant. However, employers should be wary of their […]

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23 September 2019

What is a Restraint Clause?

Business owners put a lot of hard work and effort into building their business. It is important to protect your commercial information and intellectual property. What do you do when an employee leaves to work for a competitor? Firstly, it is very important to have a well drafted employment agreement in place which contains strong […]

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3 September 2019

Which state or jurisdiction governs Long Service Leave?

In most states or territories, if you have been working for an employer for more than 7 years of continuous service you are entitled to Long Service Leave (LSL) paid pro-rata, or full pay after 10 years of continuous service. Entitlements to LSL derives from the relevant laws of each state or territory under the […]

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14 May 2019

Workplace bullying – Has management taken reasonable action?

The Fair Work Commission defines workplace bullying as an event where “a person or a group of people repeatedly behaves unreasonably towards a worker or a group of workers at work” and “the behaviour creates a risk to health and safety”. Some behaviours which constitute an act of bullying may include any of the following, […]

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10 August 2017

Casuals converting to permanent employment – can it be done?

The Fair Work Commission reviews modern awards every 4 years to make sure the awards continue to provide a fair and minimum safety net to employees. In the most recent review, the Fair Work Commission decided that all awards should provide a right for casual employees to convert to part-time or full-time permanent employment in […]

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23 May 2016

Unfair Dismissal is no child’s play

At Kirralee Kindergarten, a teacher was dismissed after children escaped from the kindergarten. The teacher made an unfair dismissal application and the Fair Work Commission found that the dismissal was unfair. Background Three days prior to the dismissal, two young children escaped from the kindergarten without detection and walked down the street to a nearby […]

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21 March 2016

Implementing Redundancy Schemes

In the recent case of CFMEU v Port Kembla Coal Terminal Ltd (No 2) [2015] FCA 1088, the Federal Court reiterated the importance of adhering to procedural fairness and both statutory and contractual compliance in the implementation of redundancy schemes. In this case, Port Kembla Coal Terminal (PKCT) was accused of abolishing a Long Term […]

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17 December 2015

Keeping in touch with an employee on parental leave

All employees in Australia are entitled to parental leave provided that they have worked for their employer for at least 12 months. For casual employees to be eligible for unpaid parental leave they need to have: been working for their employer on a regular and systematic basis for at least 12 months; and have a […]

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8 October 2015

Does leave accrue while an employee is absent from work and receiving workers’ compensation?

When an employee is absent from work and receiving compensation due to a work-related injury, there can often be confusion as to whether an employee’s leave has accrued over that period of time. While it may seem obvious that while an employee is absent from work, he or she cannot accrue any time towards annual […]

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1 September 2015

Potential Changes to Paid Parental Leave

The Fairer Paid Parental Leave Bill 2015 (“the Bill”) proposes critical changes to the current Paid Parental Leave Scheme. These changes could have a significant impact on both employers and employees who utilise the current scheme. What is the current scheme? The current Paid Parental Leave Scheme offers employees who take leave for parental duties, […]

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