These blogs are designed to provide you insight and understanding across various areas of law with accessible information on a wide range of topics.
Whether you’re looking to understand the basics, review a case study or stay up to date with the latest news, you’ll find valuable insights here.
While compensation (instead of reinstatement) of up to six months’ pay is a common alternative remedy for unfair dismissal, reinstatement remains the primary remedy under the Fair Work Act. However, even in successful unfair dismissal applications, the Fair Work Commission often does not order reinstatement.
Two Fair Work Commission decisions in 2022 considered the circumstances in which a casual employee will be protected from unfair dismissal. These decisions were influenced by recent High Court decisions on the importance of written employment contracts in determining the nature of an employment relationship.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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