Employment Law
Employee found to be a vexatious litigant
A worker who initiated 34 Federal Court actions against his former employer has failed in his appeal against Federal Court orders declaring him a vexatious litigant. Read More...
Record fine for failure to keep pay records
Two companies and their directors associated with a Perth café have been ordered by the Federal Magistrates Court to pay a total of $28,820 in fines after failing to keep proper employment records for three 457 visa workers who were not paid for months at a time. Read More...
Court awards ‘robust’ damages for client solicitation
The New South Wales Supreme Court has ordered an accountant to pay $117,995 in damages after he used his former employer’s confidential information to solicit at least 776 clients. Read More...
Injured electrician not an employee
The Victorian Court of Appeal (VCAT) has overturned a ruling awarding almost $900,000 to an electrician who was seriously injured by a fall into a lift well, saying its examination of the totality of the relationship left little doubt the electrician was an independent contractor. Read more...
Independent Contractors deemed Employees
On 25 October 2011, Justice Perram of the Federal Court of Australia (Court), decided that five insurance agents, engaged as independent contractors by ACE Insurance Ltd, were really employees, and as such, were entitled to annual and long service leave (ACE Insurance Ltd v Trifunovski [2011] FCA 1204). Read More...
New Holidays for Queenslanders in 2012
As a result of overwhelming support for the Queensland Government’s survey on changing holiday arrangements, changes will be made in 2012 to public holidays and student free days at schools. Read more...
Employee Issues during a Business Sale
We have all heard the saying that the most important asset of any business is its employees, and yet, when it comes to buying a business, employment issues are commonly overlooked with due diligence usually focussed on financial performance. Read more....
Key 2011 Dates for Employers
A summary of some of the key changes that came into effect under the Fair Work Act (Cth) through 2011. Read more...
Fair Work Act
On 1 July 2009, the Federal Fair Work Act 2009 commenced, replacing the Workplace Relations Act and "WorkChoices'.
It remains that Employers who are constitutional corporations come within the Federal workplace relations regime and they are now known as 'National System Employers'. The Fair Work Act applies to these employers and their employees. Read more...
Are you buying a business and keeping its employees?
When buying a business people tend to concentrate their due diligence on the financial performance of the business. It’s also important to undertake a due diligence with regard to the employees of the business so that you can make an informed decision as to whether you wish to offer employment to the employees. Read more...
Can a restraint clause protect your business?
It is a general misconception that Employers have no recourse in preventing ex-employees from competing with their business or soliciting their clients because restraint clauses are unenforceable. Read more...
Is your Contractor really an Employee?
In order to be eligible to benefit from protections provided to employees under the Fair Work Act it’s necessary for an individual to be an employee. Independent Contractors are specifically excluded, but only where they’re truly an Independent Contractor. Read more...
Workplace issues with Facebook
Facebook has fast become another medium through which employees express their displeasure with the workplace. Generally speaking, the derogatory comments posted by employees on the social networking sites are made outside of working hours. This presents a problem because once again, we enter the blurry divide between private and public and the ability employers have to discipline employees for behaviour conducted outside of working hours. Read more...
