In the recent case of Scott v Vita People Pty Ltd, Josie Williams [2022] FWC 24 (10 January 2022), the employee (applicant) filed a stop bullying order against his managers on the basis of a performance improvement plan (PIP) that had been implemented and been followed.

WorkCover and where is the starting point in a claim?

The first question, and basic starting point, if an employee suffers either an injury or illness is whether this injury or illness arises out of or in the course of employment. The key test is ‘in the course of employment’.

There has been a lot of discussion recently about sexual harassment and the new stop orders. What is the background and have employers and Government considered societal changes?

A restraint clause is not enforceable just because an employee has signed an employment contract agreeing to it.

In Victoria, the Long Service Leave Act 2018 (Vic) (Act) sets out employee entitlements to long service leave. Victorian employees are entitled to take long service leave after a minimum of 7 years’ of continuous service with one employer.

The Federal Court has awarded a payout of more than $5.2 million to a sacked senior manager of a publicly listed tech company, including a penalty of $7,000 payable personally by the company’s CEO.

In a significant victory for Australian employers, Cadbury manufacturer Mondelez Australia Pty Ltd and Federal IR Minister Christian Porter have won their High Court challenge to previous rulings about the meaning of the word “day” in the context of the Fair Work Act entitlement to personal/carer’s leave.

In the most recent chapter of the battle between the Victorian State Revenue Office and The Optical Superstore Pty Ltd, the Commissioner of State Revenue has claimed victory, with the Court of Appeal finding on 12 September 2019 that transfers of funds made to optometrists by Optical Superstore were subject to payroll tax under Victorian law.

Many employers seek to enforce a requirement that its employees, or prospective employees, maintain a “satisfactory” criminal record. However, recently an employer’s ability to enforce such a requirement by terminating employment, or even withdrawing offer of employment, has been put into question by the Australian Human Rights Commission and the Fair Work Commission.

Ms Bastoni was employed by ORC International Pty Ltd as a casual market research interviewer for more than 8 years before her employment was terminated after an incident on 26 May 2018 in which she referred to her supervisor as having “extra padding”.

In a controversial decision with potentially wide-reaching consequences, the Full Court of the Federal Court has upheld an earlier ruling that a labour hire employee who worked as a “casual” truck driver at Queensland coal mines on a regular basis over several years was not actually a casual employee for the purposes of the National Employment Standards, and was entitled to paid annual leave when his employment ended.

Two Fair Work Commission in the last five weeks warn of the serious consequences of signing a false statutory declaration when applying for approval of an enterprise agreement.  

The Legislative Council have this week passed legislation to regulate labour hire in Victoria. The Labour Hire Licencing Bill 2017 (Vic) was passed by 21 votes to 19, with minor amendments to be returned to the Legislative Assembly for endorsement.

The Full Bench of the Fair Work Commission handed down an important decision on 26 March 2018, confirming that it will grant award covered employees an entitlement to unpaid family and domestic violence leave.

Parents must carefully consider their ongoing responsibility for school fees after divorce.

The cost of private secondary school fees – along with those at the primary schools that act as feeders for them – can cause complications even in intact relationships. When couples are separating or divorced, the question of who is responsible for what percentage of school fees can become significantly complex.

In a Fair Work Commission hearing in December 2017, Deputy President Val Gostencnik found that under Australian law, Uber drivers are independent contractors, and therefore ineligible for unfair dismissal protection.

All businesses and employers need to be aware of the recent amendments to the Fair Work Act 2009 (Cth) (Act). The amendments were part of a number of changes made by Parliament in the wake of recent underpayment scandals, particularly those involving prominent franchise operations.

The Federal Court has rejected United Voice’s and SDA’s bid to have the decision of the Fair Work Commission (FWC) to cut penalty rates in certain modern awards judicially reviewed.

The Federal Circuit Court has handed down an important decision, highlighting risks to accountants and other businesses that provide employment advice, payroll or bookkeeping services to employer clients.

Employers in the building and construction industry will be well aware of the Code for the Tendering and Performance of Building Work 2016 (the 2016 Building Code) which commenced on 2 December 2016.