All publications relating to ‘Michael Byrnes’
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…
COVID-19 | Updated JobKeeper Scheme
On 21 July 2020, the Federal Government announced that it would be extending the JobKeeper payment scheme for eligible employers until 28 March 2021. The JobKeeper scheme, which was originally due to come to an end on 27 September 2020, will now be targeted towards those businesses and not-for-profits which continue…
COVID-19 | The Fairness Principle in Standing Down Employees
In the recent matter of Mr Ryan La Plume v Thomas Foods International Pty Limited T/A Thomas Foods International [2020] FWC 3690, the Fair Work Commission (FWC) considered an application to deal with a stand down dispute arising in the context of the COVID-19 pandemic. This matter demonstrates the importance of employers…
COVID-19 | Fair Work Commission considers factors impacting redundancy payouts
In four (related) cases, the Fair Work Commission (FWC) recently ruled in favour of an employer by reducing the redundancy payouts owed to four of its employees. These four cases, HyperLife Pty Ltd t/a Acme Prestonv v Kelly Brennan [2020] FWC 3080, HyperLife Pty Ltd t/a Acme Preston v Erin Black [2020] 3081…
Fair Work Commission Full Bench Confirms Gig Worker’s Status
The status of gig economy workers has been a source of extensive debate in recent years. Michael Byrnes, Partner and Emily Capener, Solicitor examine a recent decision by the Full Bench of the Fair Work Commission which confirmed that delivery drivers working for gig economy giant Uber Eats are not employees. In Amita…
Statutory Entitlements for ‘Casual’ Employees: Another WorkPac Decision
The Full Court of the Federal Court recently handed down a decision confirming that employees categorised and paid as “casuals” with regular and systematic working patterns might be entitled to receive the paid leave entitlements of a permanent employee. This decision, WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato), closely follows the decision…
COVID-19 | The Federal Court rules on personal leave during stand down
In the decision Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia v Qantas Airways Limited [2020] FCA 656, handed down on 18 May 2020, Justice Flick of the Federal Court ruled that employees are not entitled to access paid personal/carer’s leave or compassionate leave during a period…
COVID-19 | First JobKeeper Decision Clarifies Annual Leave Request
In McCreedy v Village Roadshow Theme Parks Pty Ltd [2020] FWC 2480, the Fair Work Commission handed down its first decision dealing with a dispute arising under the JobKeeper scheme. The applicant, Ms McCreedy, had been employed by Village Roadshow Theme Parks Pty Ltd (Village Roadshow) on a part time basis, working around 15 hours…