Employment Law
Can an Employee who resigned bring an action for unfair dismissal? 3 tips Employers need to know about resignations during performance management
While this may come as a surprise to some employers, there are in fact some circumstances where an employee’s resignation may be deemed a dismissal under the Fair Work Act 2009 (Act). In a matter before the Fair Work Commission (FWC), (Christine Sandra Becker -v- Greater Bank Limited [2021] FWC 5063) Greater Bank Limited (Employer) defended an unfair dismissal claim brought by a…
Read MoreWhat do the changes to casual employment mean? 3 Hot tips for Employers with the backtrack on Workpac
Changes to Casual Employment? Over the past months there has been considerable debate and angst over who is a casual employee, and do employers owe backpay for leave and other award benefits? The Federal Government recently introduced into the Fair Work Act 2009 (Cth) (‘Act’) a new statutory definition of a ‘casual employee’. Sections of…
Read MoreQANTAS decide to Mandate COVID-19 Vaccine for all Staff
Following on from the introduction of a Compulsory Vaccine Policy introduced by SPC and the updated guidance from the Fair Work Ombudsman QANTAS have decided to take a monumental step in introducing a compulsory vaccination policy for all staff. Their frontline workers such as pilots and cabin crew will need to be vaccinated by 15 November 2021 and the…
Read MoreFair Work Ombudsman Change their tune regarding COVID-19 Vaccines (a new 4 Tier System)
The Fair Work Ombudsman have now released new guidance to allow Employers in certain circumstances to make compulsory and mandatory COVID-19 vaccine policies. This is a major backflip from the previous guidance but aligns with what I and NB Lawyers – lawyers for employers have said in previous articles on this subject including: 4 Burning Questions Employers…
Read More4 Burning Questions Employers have been asking NB Lawyers – lawyers for employers regarding SPC’s decision and their COVID-19 Mandated Vaccine Policy?
SPC’s recent decision to mandate COVID-19 vaccinations will likely be a legal test for those Employers outside of Aged Care, Health and Child Care. It is a test on several fronts but in particular the practical commercial implications of an Employer dealing with snap lockdowns, quarantining and work from home limitations coupled with legitimate health…
Read MoreWant to get your own Modern Award? Menulog leads the way – 3 tips for Employers
Menulog have decided enough is enough and are attempting to form their own Modern Award. Menulog is arguing that their unique service offering delivery of food, beverages, or goods on an online or app-based platform requires the Fair Work Commission to treat them as their own industry in of themselves. This award, if approved, would…
Read MoreSPC Process their way to mandate COVID-19 vaccination for all staff and visitors (8 challenges for Employers to consider)
Cannery manufacturing processor SPC has become the first Australian business outside of the prime areas of Aged Care, Child Care and Health to mandate COVID-19 vaccinations for all staff and visitors. We have already provided guidance and viewpoints on this particular topic in the articles Will Directing An Employee To Take The Vaccine Be Held…
Read MoreHow to get your Business “Olympic ready” for the Brisbane 2032 Olympic Games? (6 Employment Law obligations you need to be aware of)
A big announcement was made recently as Brisbane, Queensland, Australia was awarded the right to host the Olympic Games in 2032. This is an amazing result – with the thoughts of the tourism that it will attract and the world’s best athletes frequenting places like the “Gabba”. What gets missed out in the conversation is…
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