News and Insights

In this article Special Counsel Jacqi Marshall and Law Graduate Chantel Leadbeater from HopgoodGanim’s Insurance practice examine the recent High Court decision of CCIG Investments Pty Ltd v Schokman [2023] HCA 21 and its clarification of the princ

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

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

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

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

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

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