Practitioners in workplace relations law note an increased number of claims in both the Fair Work Commission and Federal Court by applicants contesting the validity of their termination by way of genuine redundancy. This increase in claims is likely brought on by the current economic climate and … [Read more...] about Genuine Redundancies – Law Overview for Companies
Good Faith Bargaining in the Fair Work Commission – Case Update
In this article, we will explore the implications of a recent decision handed down by the Fair Work Commission, namely Association of Professional Engineers, Scientists and Managers Australia v Peabody Energy Australia Coal Pty Ltd (2014) FWC 6061. In this case, the Commission decided to reject the … [Read more...] about Good Faith Bargaining in the Fair Work Commission – Case Update
The High Court Changes the Contractual Landscape in its Recent Decision
In September 2014, the High Court of Australia handed down a milestone decision in Commonwealth Bank of Australia v Barker (2014) HCA 32. The High Court decided that workplace contracts in Australia do not have an implied term of mutual trust and confidence. An implied term is a term which binds … [Read more...] about The High Court Changes the Contractual Landscape in its Recent Decision
A Sham: Employees Masquerading As Contractors
Case Example It is always a good idea to get advice from someone who practices in this area of law. A transport company’s business, in a recent decision of case of Fair Work Ombudsman v. Happy Cabby Pty Ltd consisted of shuttling people from Sydney to the airport in Newcastle and back. To drive … [Read more...] about A Sham: Employees Masquerading As Contractors
When Demotion Can Be Considered a Dismissal
The contract of employment governs the relationship between the parties, as well as laws implied by statute. It's vital to speak to a specialised lawyer as the specific contract and legislation determines the rights and obligations between the business and the worker, and the correct procedure needs … [Read more...] about When Demotion Can Be Considered a Dismissal
Enquiring After Car And Mobile Phone Allowances Is A Workplace Right
A business development manager was hired by a company named Magellan Powertronics Pty Ltd. The manager had been working for a total of three months in this position when she made queries with the business as to her entitlement to car and mobile phone allowances. Her query was based upon the contract … [Read more...] about Enquiring After Car And Mobile Phone Allowances Is A Workplace Right