All publications relating to ‘Michael Byrnes’
COVID-19 | Redundancy payments during the crisis
Michael Byrnes, Partner and Emily Capener, Solicitor provide an overview of two recent cases that considered the payment of redundancy during the COVID-19 crisis. Redundancies are generally driven by factors such as technological advances, company restructuring and business closures. Now, of course, employers and employees alike need to deal with the…
COVID-19 | A Short Guide to the JobKeeper Payment and JobKeeper Flexibility
On 8 April 2020, Federal Parliament passed the Coronavirus Economic Response Package (Payments and Benefits) Bill 2020 and the Coronavirus Economic Response Package Omnibus (Measures No. 2) Bill 2020. Michael Byrnes, Partner and Emily Capener, Solicitor explains what this means for you and how your business can access these benefits. THE JOBKEEPER PAYMENT …
COVID-19 | NSW Parliament Updates Legislation Relating to Long Service Leave Entitlements
In the wake of the COVID-19 pandemic, NSW parliament has passed a number of bills seeking to alleviate some of the hardships caused by the crisis. One significant implication of COVID-19 in the employment sphere concerns employee access to paid leave entitlements, such as annual leave and long service leave. This becomes particularly…
Changes to Annualised Salaries under Modern Awards: A Short Guide
From 1 March 2020, changes to the annualised salary provisions in a number of modern awards will impose more onerous administrative requirements on employers with respect to award-covered salaried employees.This change was the result of a decision of the Fair Work Commission (FWC) ([2019] FWCFC 4368]) (Decision) as part of its four yearly review…
Our most popular articles published during 2019
We are almost at the end of 2019, and with the end of a year comes the opportunity to reflect on our most popular articles published during the year:Deeds of Release and their effectiveness – update 2019 | Richard Ottley | Employment LawFair Work Commission – When will the Full Bench entertain an…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties
Last week, Jose Feliciano’s festive staple ‘Feliz Navidad’ was played on the radio. Before long, neighbours in certain suburban streets will be competing to see who can put up the most impressive (or garish) Christmas lights, re-runs of ‘Love Actually’ will be broadcast on TV with increased frequency and Christmas…
Fair Work Commission criticises time-wasting unfair dismissal applications
In a recent decision, Diane Porteous v G. Kakafikas and A.G. Bek partnership t/a Yarra Glen Pharmacy [2019] FWC 6264, Deputy President Colman of the Fair Work Commission (Commission) has criticised applicants who commence unfair dismissal proceedings and then don’t take the necessary steps to prosecute their claim. The Case The Applicant worked…
Personal/carers leave — how it should be calculated- latest developments- August 2019
Calculating employee entitlements can be complex and demanding at the best of times, however the decision of the Full Court of the Federal Court in Mondelez v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturers Workers Union (AMWU) [2019] FCAFC 138 will, unless disturbed, add…
The Religious Discrimination Bill: Initial Observations
Following the Marriage Equality debate and the ongoing Israel Folau saga, the issue of religious freedom has been given some prominence. The Australian Government has released what it describes as ‘religious freedom reforms’ on which it is actively seeking submissions. The proposed reforms will undoubtedly be the subject of much…
Keeping the High Court decision in Comcare v Banerji in perspective
The High Court decision in Comcare v Banerji [2019] HCA 23, which relates to tweets by a Commonwealth public servant (tweeted under the handle @LaLegale) about government policies, has been handed down. The court held that various sections of the Public Service Act 1999 (Cth) (Act), relating to the Australian Public Service (APS)…