Employment Law
3 Tips For Minimising Risk In Underpayment of Wages
Understanding an Employer’s Obligations in Pay And Wages In their preparations for the post-COVID-19 landscape, many employers are reviewing their existing systems with a view on creating efficiencies to reduce operating costs. One of the key areas reviewed by employers is their payroll system. Modern awards are complex industrial instruments which can require a…
Read MoreThree (3) Insights from HR and Business Owners from the Pandemic
As Employment Lawyers we are in a privileged position to gather perspective on a very challenging time for many clients with uncertainty and fear prevailing. For others it has been an opportunity to pivot or seek different options to ensure their business survives and thrives. Discussing these points with many in human resources, personnel management…
Read MorePlanning a work Christmas party? read this article
The Fair Work Commission’s recent decision in Chambers v Toll Transport Pty Ltd[1] (the Decision) is a useful reminder for employers that not all ‘out of work hours’ misconduct by employees may give rise to a valid reason for dismissal especially in the context of a Christmas party.
Read MoreWork from Home request for desk denied by Employer is “plainly” reasonable
A decision of McKean v Red Energy Pty Ltd [2020] FWC 5688 involving an employee of electricity and gas provider, Red Energy who was a work from home employee due to COVID-19 gave a very reasonable direction to deny a request for a desk. The Fair Work Commission finding that it was “plainly” reasonable to…
Read MoreHave you got any ‘Zombie’ Enterprise Agreements? 3 Tips for Employers
Zombie Enterprise Agreements are industrial instruments which have passed their nominal expiry date but have not been terminated or replaced by another agreement. Our 3 Top Tips: Tip 1 – Review pay arrangements of your enterprise agreements Tip 2 – If the enterprise agreement is expired take active steps to mitigate the risk of it…
Read MoreWhen is a resignation really a resignation – our top 3 tips for Employers
We have recently been asked by a client if they could treat a resignation by a disgruntled employee as a genuine resignation. The employee had felt stressed by events in his personal life and believed unjustified criticism was being directed towards him. He appeared to have verbally resigned at a performance management meeting and partially…
Read More“Alleged ‘hooning’ in council vehicle leads to dismissal for timesheet fraud – our top 3 tips for employers”
We have recently reviewed a decision[1] of the Fair Work Commission (the Commission) involving the Southern Midlands Council, Tasmania (the Council) and an animal management employee. The decision serves as a useful reminder for employers who provide vehicles to their employees to have clear policies in place regarding their usage. A bit of background on…
Read MoreThe Pink Folder – Senior Employees and their duties of trust and confidence (3 Tips for Employers)
Senior employees are often in a position of trust with their employers, to the extent they may owe an implied common law duty of fidelity to their employer, irrespective of the terms of their employment contract. This duty is often implied as a result of a senior employee’s access to confidential information, their knowledge of…
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