PALM scheme exploitation revealed in NSW parliamentary inquiry
Workers from Pacific countries migrating to Australia for work opportunities is nothing new. However, despite present modern slavery laws and education, the Pacific Australia Labour…
The latest from the Federal Court: October 2017
Reporting and analysis of the most notable decisions in the Federal Court. By DAN STAR QC.
Parliament moves to protect vulnerable workers
Employers are now subject to significantly higher penalties for deliberate and systematic breaches of the FW Act, as well as record-keeping failures. By JACK DE…
Blurred lines: the legal status and rights of volunteers
The line between volunteer and employee can become blurred. Notwithstanding a lack of employment protections, volunteers retain some workplace rights. By JOHN WILSON and KIERAN…
Directors take note: employees can recover unpaid entitlements directly from you
Under the Fair Work Act 2009 (Cth), unpaid employee entitlements can be recovered from the employer and, in appropriate cases, from a director or other…
Enforcing post-employment restraints after an employer’s breach of contract
Whether post-employment restraints will be enforceable after termination can be an important issue where a senior employee is deciding whether to leave in the face…
Intern or employee? A potentially explosive question
The Fair Work Ombudsman has highlighted the financial risk of utilising unpaid interns in a capacity which gives rise to an employment relationship. By JOHN…
Not just an innocent bystander: accessorial liability of third parties under the Fair Work Act
The reach of the Fair Work Act 2009 (Cth) accessorial liability provisions may be broad. By GLENN FREDERICKS.
Accessories personally liable for unpaid employee entitlements
High Court confirms knowing participant in a breach of fiduciary duty is liable to account for any benefit gained as a result. By KATE BOYD.
Executive employment claims: a contractual perspective
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…
The casual conundrum: casual employment in the Fair Work world
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…