Recent amendments make a number of significant changes to the Act, including a revised definition of ‘casual employee’ and new conversion process for casual employees.
By Paul Moorhouse - 6 min read
Employers have a legal obligation to consult employees when making significant workplace changes and guidance is needed on how to implement this duty.
By Giuseppe Carabetta and Paul Lorraine - 8 min read
A recent High Court decision has brought a degree of common sense back to when an employer may be vicariously liable for the conduct of…
By Jack de Flamingh and Arsalan Azhar - 4 min read
There are many practical measures that can be taken to assist in structuring a workplace investigation to maximise the chances of attracting privilege. By PAULA…
By Paula Hoctor and Aoife Sweeney - 7 min read
Contractual principles of incorporation sit uneasily with many employment benefits. Instead, there is an increasing openness on the part of the courts to imply a…
By Jack de Flamingh - 8 min read
The Fair Work Act’s provisions pertaining to long-term casuals are giving rise to curious outcomes, with casuals receiving conflicting and sometimes arbitrarily determined employment benefits…
By Luis Izzo - 7 min read
Can a party who has repudiated a contract of employment still enforce post-employment restraints? By ABRAHAM ASH and ELODIE CHEESMAN.
By Abraham Ash and Elodie Cheesman - 7 min read
A key issue in adverse action claims is the reason for the decision-maker taking action. By GLENN FREDERICKS.
By Glenn Fredericks - 7 min read
Recent Federal Court decisions highlight uncertainty as to whether an individual is an employee or an independent contractor. By JACK DE FLAMINGH and AMANDA CAMERON.
By Jack de Flamingh and Amanda Cameron - 7 min read
Traditional legal mechanisms struggle to effectively respond to the complex and often elusive nature of bullying conduct. By JACK DE FLAMINGH.
By Jack de Flamingh - 7 min read
In the landmark case of Aurizon Operations Ltd [2015] FWCFB 540, the Full Bench of the Fair Work Commission rejected the notion that it is inappropriate to…
By Jack de Flamingh and Stephen Jenkins-Flint - 7 min read
Penalty privilege applies to natural persons in Fair Work Act proceedings. By LARISSA ANDELMAN.
By Larissa Andelman - 6 min read
While company directors are a common target in proceedings brought under the Fair Work Act, other individuals in key roles such as managers, compliance officers and…
By Joydeep Hor and Theresa MacDermott - 5 min read