Legal Insights
New Wage Rates
Employers should note that the Fair Work Commission (FWC) handed down the 2022 Annual Wages Review Decision on 15 June 2022.
Sacking by email found to be unfair
In the recent decision of Pierce Field v Department Of Finance [2022] FWC 1619 (24 June 2022), the Fair Work Commission (FWC) found that procedural deficiencies (including termination via email) and denial of natural justice outweigh and overrule instances a termination could otherwise be considered valid.
Harwood Andrews Promotions
Harwood Andrews has commenced the 2022/23 financial year by announcing promotions across three areas of practice.
What date are assets valued at in Family Law Property Settlements?
Family law property settlement negotiations and court proceedings can often run for lengthy periods of time. Sometimes there are delays that are outside of the parties’ control. These delays can cause issues when it comes to the time for valuation of the parties’ assets.
Smart Contracts and Smart Legal Contracts – An Overview
Smart contracts are programs stored on a blockchain that self-execute when predetermined conditions are met.
The ATO’s Crypto Tracking and Data Collection Processes
The Australian Tax Office (ATO) has released a statement outlining their priorities ahead of the end of financial year 2021/22, with crypto-assets being one of these priorities due to its rising popularity.
Consider your cyber security
The Australian Cyber Security Centre (ACSC) defines a cyber incident as an unwanted or unexpected cyber security event, or a series of such events, that have a significant probability of compromising business operations.
The Online Safety Act 2021 – what it is and why you should care
The Online Safety Act 2021 (Cth) (Act) came into effect on 23 January 2022. The Act aims to develop the existing regulatory framework and vest the eSafety Commissioner with greater investigative and enforcement powers.
Purchasers Beware – Duty is Now Payable on Late Settlement Interest
If settlement is delayed by the purchaser, through no fault of the Vendor, then interest can be payable by the Purchaser in accordance with the terms of the contract of sale of land (Late Settlement Interest). Late Settlement Interest is normally calculated at 12% per annum of the purchase price.
Unvaccinated worker reinstated due to employers poor communication
In a very important recent development, a Northern Territory teacher, Anna Gikas (Applicant), who was sacked over the COVID-19 vaccine mandate
When failure to follow a Direction to attend to an Independent Medical Examination can lead to dismissal
One of the most frequently asked questions from employers is whether you can you terminate an employee from work when they are on long-term personal and sick leave.
Termination of skinny-dipping Academic is found not to be unfair?
The Full Bench of the Fair Work Commission (FWCFB) has upheld the Australian National University’s (ANU) appeal over the dismissal of a mathematics professor after he went skinny-dipping with a student before kissing her and engaging in intimate but not sexual intercourse with her.
Can an employee be terminated from employment for excessive SMS texting?
Employers regularly notice and complain when their employees are distracted through texting on their mobile phones. But, can an employee be dismissed for such an action when an employer determines the amount of texting has gone too far?
What Does A New Labor Government Mean For Employers
With voting for the Federal election complete and Anthony Albanese of the Australia Labor Part (ALP) sworn in as Australia’s next prime minister, employers may be starting to wonder what this means for their business, their employees and the employment relationship as a whole.
The Environment Framework – 6 Months in
This video is presented by Planning and Environment Principal, Greg Tobin providing an update on recent changes to the Environment Protection Act 2017 (VIC). Covering the following topics:
Definition Of Casual Employee
On 27 March 2021 the Commonwealth Government introduced legislation which included a definition for a “casual employee”. The Fair Work Act 2009 (Cth) (FW Act) now provides a process by which casual employees may convert to full time or part time employment, and requires that employers provide casual employees with a Casual Employment Information Statement.
Victorian Wage Theft Laws
On 1 July 2021 the Wage Theft Act 2020 (Vic) (the Act) came into effect bringing with it a list of offences in relation to employee entitlements and record keeping, breaches of which may lead to significant fines and even prison sentences.
Mediation in Family Law Proceedings
Mediation is a process that can be attended by parties to a family law dispute in an attempt to resolve their property and/or parenting issues. This article details what family law mediation is, why it is used and what the process is.
What are the current views of the FWC in relation to the flu vaccine. Do the mandates extend beyond COVID-19? - Part 3
There has been commentary as to whether we will see a broad-based approach in relation to the implementation of a mandatory vaccination regime for other vaccines (flu) across all workplaces.
Which way is the pendulum swinging? - Part 2
A very recent decision from the FWC confirms the difficulties for employees relying on the theoretical basis of conscientious objections when refusing to comply with obligations imposed by public health directions or refuse to receive vaccines as required as a condition of being able to attend their workplaces.