Employment Law and OH&S Jordan Bauer Employment Law and OH&S Jordan Bauer

Woman fired after a cyber review into her work from home activity showed she wasn’t typing enough

The Fair Work Commission (FWC) has recently handed down an unfair dismissal decision in Suzie Cheikho v Insurance Australian Group Services Limited [2023] FWC 1792. This decision serves as a reminder to employees that they must still attend to their expected duties and ‘work’ when working from home.

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Employment Law and OH&S Jordan Bauer Employment Law and OH&S Jordan Bauer

Public holiday work – the important difference between requesting and requiring employees to work

The Full Court of the Federal Court of Australia has recently handed down a decision relating to public holiday work and the requesting of employees to work on these days. The findings clarify the procedure that employers must follow if they want employees to work on public holidays and serve as a reminder that it is an employee’s legislative entitlement to be absent on a public holiday unless the proper procedure is followed.

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Employment Law and OH&S Jordan Bauer Employment Law and OH&S Jordan Bauer

Employer found to have taken adverse action against Union delegates by making them redundant

In the recent Federal Circuit and Family Court Decision of Australian Manufacturing Workers Union v United Lift Services Pty Ltd [2023] FedCFamC2G 275 (17 April 2023), it was found that the employer took adverse action against two union delegates (employees) when it retrenched them 4 hours before the deadline for voluntary redundancies.

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Employment Law and OH&S Jordan Bauer Employment Law and OH&S Jordan Bauer

FWC delivers another employee v independent contractor decision, post High Court ruling in Personnel Contracting

The FWC has recently delivered a ruling involving an analysis of an employee v independent contractor relationship post the High Court’s landmark decisions of Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1 (Personnel Contracting) and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (Jamsek) in this area last year.

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Employment Law and OH&S Jordan Bauer Employment Law and OH&S Jordan Bauer

What is reasonable and enforceable when dealing with post-employment restraint clauses?

In the recent case of McMurchy v Employsure Pty Ltd; Kumaran v Employsure Pty Ltd [2022] NSWCA 201, the Court of Appeal of New South Wales upheld a decision that a 6 month post-employment restraint was reasonable and enforceable against an employee who joined a competitor business, along with restrictions on the employee’s conduct during employment.

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Employment Law and OH&S Jordan Bauer Employment Law and OH&S Jordan Bauer

Deliveroo rider not an employee - Fair Work Commission Full Bench overturns previous decision

In another chapter in the recent series of decisions regarding the employment status of gig workers as either independent contractors or employees, the Fair Work Commission Full Bench in Deliveroo Australia Pty Ltd v Diego Franco [2022] FWCFB 156 has overruled a previous decision that a Deliveroo driver was an employee.

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