ARTICLES

Employment Law

Firing Employees In Their Probationary Period – Beware General Protections

By NB Lawyers | April 10, 2019 | 0 Comments

Employers when deciding to dismiss an employee in their probationary period (or statutory minimum period of employment) are usually aware that this will protect themselves from an unfair dismissal claim.  For Employers and HR managers what should also be kept in mind are other potential employment claims such as discrimination, breach of contract and in…

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A Band-Aid on Workpac v Skene? – Fair Work Amendment Casual Loading Offset

By NB Lawyers | February 8, 2019 | 0 Comments

On 18 December 2018 the Federal Government introduced the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) (Amendment) to vary the Fair Work Regulations 2009 (Cth) (Regulations) in light of the decision in Workpac v Skene, a case we have reviewed previously (Workpac v Skene article). The Amendment clarifies that an employer now has a statutory right to offset…

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Councils Beware of General Protections Claims – “Slow the Process Down”

By NB Lawyers | December 13, 2018 | 0 Comments

General Protections claims have become a convenient tool for employees working in local councils to avoid or even unnecessarily prolong legitimate performance management issues, action regarding illness and injury and misconduct concerns.  Executives and managers in Councils need to be aware of how to protect their organisation against such claims and reduce the risk and…

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Foodora Driver was an “Employee” says the Fair Work Commission

By NB Lawyers | November 26, 2018 | 0 Comments

The constant issue of not having a clear definition of what is an “independent contractor” in the Fair Work Act 2009 (Act) has reared its ugly face again as a landmark decision against Foodora was handed down.  Commissioner Cambridge found that a Foodora driver should be considered an employee whilst applying the multifactorial test. The…

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The new Casual Conversion clause – what does it mean for Employers?

By NB Lawyers | October 5, 2018 | 0 Comments

Following extensive consultations, the Fair Work Commission has inserted a model casual conversion clause into 84 Modern Awards taking effect from the 1 October 2018. The clause allows an eligible employee to request an employer to be transferred from casual to permanent employment. As it is a clause that is inserted into modern awards (as…

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