ARTICLES

Employment Law

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 council to avoid or even unnecessarily prolong legitimate performance management issues, action regarding illness and injury and misconduct concerns.  Executives and managers in local council need to be aware of how to protect their organisation against such claims and reduce the risk…

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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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“Bank of Hours Clause” – Have Bunnings showed us the way?

By NB Lawyers | September 21, 2018 | 0 Comments

Major hardware retailer Bunnings is currently in consultation with the Shop, Distributive and Allied Employees Association (SDA) and the Retail and Fast Food Workers Union (RAFFWU) in relation to a ‘Bank of Hours’

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Recent Fair Work Woes – Annual leave for casual employees

By NB Lawyers | September 10, 2018 | 0 Comments

Casual employees may get paid more on an hourly rate in exchange for amongst other things the inability to gain access to “paid” annual leave. A recent case however may cast some doubt on this.

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