Case review – new flexible work arrangement laws
We look at a case where the employer denied the worker’s request for flexible work arrangements. The matter went to the FWC and ultimately, the Full Bench. It was found that the employer had failed to discharge its onus of establishing that it had reasonable business grounds to refuse the employee’s request.
Hall Payne Lawyers appoints Dale Blackmore as Principal Solicitor
We are thrilled to announce the appointment of Dale Blackmore as Principal Solicitor at Hall Payne Lawyers.
Will I get reinstatement after a successful unfair dismissal claim?
While compensation (instead of reinstatement) of up to six months’ pay is a common alternative remedy for unfair dismissal, reinstatement remains the primary remedy under the Fair Work Act. However, even in successful unfair dismissal applications, the Fair Work Commission often does not order reinstatement.
Casual employees’ entitlement to unfair dismissal protection
Two Fair Work Commission decisions in 2022 considered the circumstances in which a casual employee will be protected from unfair dismissal. These decisions were influenced by recent High Court decisions on the importance of written employment contracts in determining the nature of an employment relationship.
Can staff be directed to work on a public holiday?
The Federal Court has re-affirmed employees’ entitlement to a paid day off on a public holiday. It’s also clarified s 114 of the Fair Work Act 2009 regarding how an employer can reasonably request staff to work on a public holiday, when an employee can reasonably refuse such a request, and the distinction between a request and a requirement.
Can I register my organisation as a public benevolent institution?
Obtaining public benevolent institution registration is highly desired by many organisations due to its provision of specific tax concessions, such as fringe benefit tax exemptions, and potential for increased access to government funding. Not all charities may be registered as a PBI and determining eligibility requires a careful examination of an organisation's purpose, structure, and operations.
Can employers be vicariously liable for actions of intoxicated workers?
We explore the case of Schokman v CCIG Investments, where the Court considered in detail, the concept of vicarious liability. This matter was ultimately appealed to the High Court.
Motor vehicle accident compensation claims Tasmania – your plain English guide
Our plain English guide to claiming compensation after a motor vehicle accident in Tasmania provides detailed information on the claims process, what compensation is available and other useful tips to ensure your entitlements are protected.
Pay secrecy terms in employment contracts are illegal
Changes to pay secrecy laws in Australia mean that it will be illegal for employers to use pay secrecy terms in employment contracts from 7 December 2022. These laws protect employees’ rights to discuss, or not discuss, their pay with any other person, including work colleagues.
Company limited by guarantee vs incorporated association for not-for-profit organisations
For many not-for-profit and non-trading organisations, choosing the right legal structure will often narrow down to a trust, incorporated association or company limited by guarantee.
Event organisers’ duty of care where there is obvious risk of injury
In the 2022 case of Tapp v Australian Bushmen's Campdraft & Rodeo Association Limited, the High Court of Australia considered the issue of duty of care, of the event organisers, when there is an obvious risk of injury.
Employee rights in workplace investigations
If you are told that you are under investigation in your workplace, you need to know your rights when facing a workplace investigation.