ARTICLES

Employment Law

The High Income Threshold And Salary Reductions Resulting From COVID-19 – Does reducing salary avoid unfair dismissal applications?

By NB Lawyers | July 31, 2020 |

In Unfair Dismissal Applications – an employee must demonstrate their annual rate of earnings at the time of dismissal were below the high income threshold prescribed by the Fair Work Act 2009 (Cth)[1] in order to be protected from unfair dismissal. The current high income threshold (applicable to all dismissals taking effect after 1 July…

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How we can help? Ensuring Redundancies are ‘Genuine Redundancies’

By NB Lawyers | July 21, 2020 |

Unfair Dismissal Applications – When an employee alleges their termination of employment was harsh, unjust or unreasonable, the Fair Work Commission (the FWC) is required to consider a number of preliminary matters[1] including whether the employee was a person protected from unfair dismissal. One of these matters is whether the employee’s dismissal was a case…

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3 Practical Legal Tips for HR Practitioners in Manufacturing to overcome legal obstacles

By NB Lawyers | July 16, 2020 |

COVID-19, the pandemic has caused massive disruption to industry.  Manufacturing has been no exception and although there have been a number of companies who have benefited from clients “going local” and others who have pivoted into other areas – hand sanitizers been an obvious one.  Many HR professionals in Manufacturing companies are coming to grips…

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What can Business expect from the IR Roundtable? 4 Reforms potentially on the table

By NB Lawyers | July 2, 2020 |

In recent times we have had a number of unique and challenging decisions come out of the Fair Work Commission – Skene and Rossato come to mind.  We have also had a pandemic which has led to a number of changes to Modern Awards, directions and stand downs.  New challenges have been forced on organisations…

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“The Personal Trainer” – Dual faceted employee and contractor relationships

By NB Lawyers | June 23, 2020 |

The Fair Work Commission (FWC) was recently invited to consider a jurisdictional objection in a matter[1] involving a personal trainer who used the premises of a gym to conduct his own personal training business pursuant to a written Personal Training Agreement (PT Agreement). The PT Agreement required the personal trainer to pay sums of money…

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