If a worker obtains a medical certificate, and is genuinely sick, it would be unlawful for the business to treat the worker in a negative way because the worker was sick. This is generally well known by most people. However, it is also not uncommon for people to every now-and-then to take a … [Read more...] about A Medical Certificate is Capable of Being Questioned – But Do It Cautiously
Remedial Damages in Adverse Action – Can Distress and Humiliation Damages for an award of money be payable?
Under the General Protection provisions in Australia, the court has wide discretion as to the type of remedial option it takes to redress loss and damage suffered by a successful applicant in a case. In the recent case of Storey v The Monitoring Centre Pty Ltd & Ors, the Federal Circuit Court … [Read more...] about Remedial Damages in Adverse Action – Can Distress and Humiliation Damages for an award of money be payable?
Work Place Policies and Procedures
Companies in Australia often view anti-discrimination laws as being primarily applicable to their workers, officers and agents, but not to the company itself. This is not always the case though, as recent decisions by the courts have shown that a company may be held to be ‘vicariously liable ‘for … [Read more...] about Work Place Policies and Procedures
Sham Contractor Arrangements – A Lesson from Quest’s Case
Companies need to be careful not to hire individuals in circumstances that could be deemed as a sham contractor arrangement. Representing an individual as a contractor when that individual is really an employee will lead to penalties under the Fair Work Act 2009. There have been some recent … [Read more...] about Sham Contractor Arrangements – A Lesson from Quest’s Case
3 Common Legal Mistakes Businesses Make in Australia
https://youtu.be/IVLsw1sR9xk … [Read more...] about 3 Common Legal Mistakes Businesses Make in Australia
Evening the Playing Field: Unfair Dismissal Laws
Unfair Dismissal laws even the playing field between workers and companies and can provide vulnerable workers with a much-needed platform to seek redress for their dismissal. The outcome of Unfair Dismissal applications will reflect a consideration and balancing of the worker’s interests against the … [Read more...] about Evening the Playing Field: Unfair Dismissal Laws