Legislation Update
On 30 June 2023 the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Cth) received Royal Assent and was passed into law (PWE Act). The PWE Act makes several key changes to the Fair Work Act 2009 (Cth) (FW Act) and related le
Article
Redundancy – a process that no one is fond of but is important to get right. Knowing how to conduct a lawful redundancy process will minimise the risk of costly legal claims, such as unfair dismissal, general protections claims for adverse action
Court Decision
The Federal Court’s recent judgement in JMC Pty Limited v Commissioner of Taxation [2022] FCA 750 (JMC) is an important decision on the employee / independent contractor distinction both for the higher education sector and more generally for its ap
Court Decision
In this article we outline the differences between an employee and independent contractor and the changes the recent High Court has made in this area. The High Court has ruled that, when applying the multifactorial test to determine whether a work
Court Decision
Employees may be terminated for their out of work hours conduct if, viewed objectively, the conduct is likely to: cause serious damage to their employment relationship; damage their employer's interests; or is incompatible with the employee's
Article
There are many factors the Fair Work Commission considers when determining if a dismissal was unfair. One consideration is if the employer unreasonably refused the employee to have a support person present.1 This can also impact whether an employer
Court Decision
Employers considering making a worker redundant are usually aware that their actions might come under scrutiny in an unfair dismissal claim. What many employers don’t consider is that the reasonableness of the redundancy and the way in which it is