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Resignation 2

EMPLOYMENT UPDATE

Resigning employee awarded 14 weeks’ compensation in successful unfair dismissal claim

In the decision of Mrs Kerri Trail v O’Brien Group Australia [2021] FWC 4048, the Fair Work Commission (‘Commission’) determined that an employee who had tendered a written resignation to her employer was in fact unfairly dismissed and awarded the employee 14 weeks’ compensation ($28,269) minus various deductions. Background The employer is a large privately-owned […]

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Covid vaccination

EMPLOYMENT UPDATE

Can employers mandate covid-19 vaccination for workers?

Australia is currently experiencing several community outbreaks across the country.  Across the nation many restrictions have been re-introduced in recent weeks. Unvaccinated workers working in high risk workplaces can be a significant contributing factor to the spread of the COVID-19 virus.  There is also mounting pressure on Federal, State and Territory Governments to mandate COVID-19 […]

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Employee vs Independent Contractor

EMPLOYMENT UPDATE

“Modern, rapidly changing workplace” is impacting traditional arrangements for employment FWC conclude Deliveroo delivery rider is an employee

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This month’s Employment Update looks at the recent unfair dismissal decision of the Fair Work Commission (‘Commission’), Diego Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818 (18 May 2021) (‘Deliveroo decision’). In this decision, the Commission concluded that delivery services provided by a Deliveroo delivery rider and arranged by computer-based applications (Apps), constituted an […]

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Untitled design (3)

EMPLOYMENT UPDATE

New statutory definition of ‘casual employee’ – clarifies previous uncertainty around casual employment

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After much debate in the Senate, the Federal Government’s Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 has passed through Parliament but in a significantly reduced form. While the Federal Government’s more broader reforms of the industrial relations system were not proceeded with, the casual employment reform provisions survived. The Bill introduces […]

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Casuals

ALERT!

Significant changes to casual employment arrangements passed

After much debate in the Senate, the Federal Government’s Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (‘the Bill’) passed through Parliament in a significantly reduced form on 18 March 2021. While the Federal Government’s more broader reforms were rejected, the casual employment provisions survived. The Bill was assented to on 26 […]

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SH hubspot

EMPLOYMENT UPDATE

Preventing workplace sexual harassment

In this Employment Update we consider the National guidance material on Preventing Workplace Sexual Harassment (‘the Guide’) recently released by Safe Work Australia.  We will also reflect on the Australian Human Rights Commission’s (‘AHRC’) most recent survey on sexual harassment in Australia, Everyone’s business: Fourth national survey on sexual harassment in Australian workplaces (the 2018 […]

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