Latest publications
Rebels Who Dislike the Cause: Can Employees Be Directed to Act Contrary to Beliefs?
The recent controversy over the Manly Warringah Sea Eagles ‘rainbow’ rugby league jersey raises an interesting employment law question which extends beyond football: to what extent can an employer direct an employee to promote, or be involved in, a cause, message or campaign to which the employee objects? The starting point is…
Graduate Interview Series | Fiona Deng
Why did you choose Swaab? I chose Swaab because I was drawn to its diverse practice areas and opportunity for growth as a junior lawyer. At university, I studied a variety of electives as I was navigating my way through different areas of law. As such, I felt that Swaab would be a perfect place for me to…
Remedial Works Are Different | NSW Construction Reform
The reality of the NSW Construction reform for the remedial industry Remedial is an integral part of the construction industry. Twelve months down the road, after the commencement of new design compliance requirements under the Design and Building Practitioners Act 2020 (DBPA) and the accompanying regulations (DBPR) on 1 July 2021, the remedial…
The Workplace Vaccine Mandate Myth Buster Case
In the recent Fair Work Commission decision of Eileen Owens v I‑Med Radiology Ltd [2022] FWC 1823, an interlocutory judgment considering whether an unfair dismissal application had been filed within the required 21 days, Deputy President Asbury surveyed recent cases dealing with mandatory workplace COVID-19 vaccination and very helpfully set out principles…
Compliance with Children’s Orders
Any orders made by the Federal Circuit and Family Court of Australia (FCFCOA) should be followed unless an agreement is reached with the other parent to vary or amend the Order. It is important that both parties understand what is required by them under the Orders, which includes taking all…
Swaab 2022 Lawyer Interview Series | Carly Lennan
Why did you become a lawyer? I was one of those annoying kids walking around telling people from a very young age that I would one day be a lawyer, then shouting things like “OBJECTION!” in conversation. As I got older, and became a senior at a rural, public school, I was discouraged from aiming for this due…
Important Workplace Relations Changes Effective 1 July 2022
Employers and employees alike need to be aware of important changes in the workplace relations space, effective 1 July 2022. From that date: the high income threshold for unfair dismissal cases will increase to $162,000 per annum (from the present $158,500 per annum) and the compensation limit will be $81,000 (equivalent to…
Landmark Statement on the Rights of Gig Economy Workers
Uber and the Transport Workers Union (TWU) have signed a joint Statement of Principles that calls for reform of the rights and conditions of workers in the on-demand transport industry who are not engaged as employees. The statement signals support for the Federal Government legislating for an independent body with the capacity…
The evolution of a legal team, introducing Swaab’s team servicing the property industry
The pace of transformation, increased volume and complexity of projects has continued unabated within the property sector. As one of the firm’s fastest growing teams, our team servicing the property industry has seen a growing demand over the past 24-months across the full spectrum of property services. Diversification and the introduction of…
5.2% Increase to National Minimum Wage
As part of its Annual Wage Review for 2021 / 2022, an Expert Panel of the Fair Work Commission (FWC) has today announced a 5.2% increase in the national minimum wage. That means it will be $812.60 (or $21.38 per hour) from 1 July 2022. This represents a marked increase from the 2.5%…