All publications relating to ‘Michael Byrnes’
Our most popular articles published during 2020
We are almost at the end of 2020, and with the end of a year comes the opportunity to reflect on our most popular articles published during the year: 1. COVID-19 Tenancy Update by Mary Digiglio & Tony D’Agostino | Property, Planning & Projects | 24 September 2020 2. COVID-19 | Redundancy payments during the…
Compulsory Vaccinations for Employees: The Legal Position
In the midst of the COVID-19 pandemic, and the race to create a safe, effective vaccine for the virus, the issue of vaccination is firmly on the agenda. For instance, the CEO of Qantas, Alan Joyce, has recently caused controversy by suggesting that passengers on Qantas international flights might need to…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties (Covid-19 Edition)
It’s that time of year. The‘Silly Season’. For many organisations, the official employer Christmas party is imminent. But this year, 2020, it’s with a difference. Employer Christmas parties will be held against the backdrop of the global Covid-19 pandemic. The starting point for such parties is that they are an extension of…
AFL: Assumption Fail Legalities – A Discrimination Danger for Employers
It has recently been reported that a Victoria-based AFL player, whose professional netballer wife will be playing for a Queensland club in 2021 (and relocating to that state with the couple’s very young child to do so), has been told by the AFL club for which he plays that he should leave…
The Anti-Bullying Injunction Curtailed
The Fair Work Commission Anti-Bullying ‘Injunction’ In the 2017 anti-bullying case, Lynette Bayly [2017] FWC 1886 (Bayly), the Fair Work Commission (FWC) issued an interim order which prevented the employer from taking further steps to finalise an investigation into the conduct of the employee, impose any disciplinary sanction on the…
“Reasonable Notice” – Sounds innocuous but can be expensive
It is a trite proposition that employment contracts are important. One key benefit of having an applicable employment contract in place governing an employment relationship is that the notice an employer is required to give to the employee to terminate employment is, subject to the minimum legislative requirements in the Fair…
JobKeeper 2.0: What employers need to know
On 1 September 2020, the Federal Government passed the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Bill 2020 which has enabled the extension of the JobKeeper scheme. In this article we summarise the main points of the extended scheme, dubbed JobKeeper 2.0. Employer eligibility When the JobKeeper scheme was originally implemented…
Right to toilet break a relief for employees
In the recent decision of Retail and Fast Food Workers Union Incorporated v Tantex Holdings Pty Ltd [2020] FCA 1258, an Australian court (namely the Federal Court) has, for the first time, held that employees have a workplace right to use the toilet and drink water while at work. This determination was made…
Claiming to be a modern-day Mr Darcy was no defence to sexual harassment
In the recent matter of Hughes trading as Beesley and Hughes Lawyers v Hill [2020] FCAFC 126 (Hughes v Hill), the Full Court of the Federal Court of Australia rejected a categorisation of conduct by a lawyer towards his employee as romantic gestures akin to those of the well-known literary figure, Mr Darcy, rather…
Abuse from the Anti-Mask ‘Activists’: The Obligations of Employers
One very recent and unwelcome phenomenon during the Covid-19 pandemic in Australia has been the emergence of the anti-mask “activists” (often described using the recently minted pejorative “Karen”). Media reports (largely based on social media posts) suggest they are especially prevalent in Victoria, where masks in public have been made…