All publications relating to ‘Employment’
Reheated Retweets: The Significance of a ‘Retweet’ in Employment
The CFMMEU Case In a recent case of the Fair Work Commission (FWC) (Construction, Forestry, Maritime, Mining and Energy Union-Construction and General Division, Queensland Northern Territory Divisional Branch [2018] FWC 6462), a ‘retweet’ by a member of the FWC, Senior Deputy President Hamberger, formed the basis of a submission by the Construction, Forestry, Maritime…
Competing Considerations: An Employee and her ‘Hobby Business’.
In the current age where any organisation, irrespective of size, can advertise to the world through the internet, the barriers to entry for “micro” or “hobby” businesses are lower than ever. Increasingly, employees are showing their ingenuity and entrepreneurship by setting up their own hobby businesses to the side of…
Restraints of trade and customer connections
It is well established that restraints of trade in employment contracts will not be enforced by a court if they are considered to be unreasonable. Sometimes a restraint of trade is deemed to be unreasonable because it operates over too wide an area, or for too long a period of time. Sometimes a restraint…
Avoiding redundancy pay where the employer “obtains other acceptable employment” for the employee: four recent cases
As most employers will be aware, the Fair Work Act 2009 (Cth) (Act) contains provisions requiring businesses to pay eligible employees a set amount of redundancy pay where the employee loses their employment due to their role being made redundant. What is perhaps less well known is, the provision at section 12…
Abuse from the general public: The obligations of employers
Recently a radio presenter on ABC radio in Adelaide broke down in tears on air after receiving an abusive text message from a listener which had been sent through the station’s text feedback number. The text criticised the presenter stating that she had she had conducted “a pitiful interview”, claimed what she said…
Casual Employment: The new rules of engagement
A recent decision of the Full Court of the Federal Court of Australia, WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Skene), held that an employee who had been categorised as a “casual” by the employer, WorkPac, was not in fact a casual but rather a permanent employee and, as a result, entitled…
Dismissing Senior Employees – The Pitfalls to Avoid – Part 2
In the second and final part of this article we examine the legal claims senior executives can bring on termination of employment – and how employers can safeguard against them. Read ‘Dismissing Senior Employees — The Pitfalls to Avoid — Part 1’ here. Unfair dismissal For an employee who is…
Dismissing Senior Employees – The Pitfalls to Avoid – Part 1
Whilst the termination of any level of employee contains a degree of legal risk, the position in respect of senior employees can be especially perilous. Firstly, the costs of getting it wrong are generally greater (because an award of damages is likely to be calculated – at least in part – by…
Resigning from your employment — can you withdraw your resignation? — Latest developments
In recent times there has been a string of decisions from the Fair Work Commission directed to whether and in what circumstances, an employee can assert that a resignation given in the heat of the moment which is withdrawn, may not be relied upon by their employer. To those following the titanic struggle…
The “Weinstein Clause”: What is it? Could it be coming to Australia?
What is the “Weinstein Clause”? The disturbing revelations about Harvey Weinstein and other entertainment luminaries have put sexual harassment firmly on the agenda, emboldening victims to come forward to share experiences and pursue claims, leading to the rise of the #MeToo and #TimesUp movements internationally, and #NowAustralia locally. The latest consequence of…