2571-2580 of 2730 results
Court gives green light to FWO to pursue insolvent employer
The Federal Court's decision signals a willingness of courts to permit the FWO to continue pursuing employers for wage underpayments, where such pursuit is in the public interest, and despite the insolvency of the employer. ...
Paid Parental Leave Amendment (Flexibility Measures)
The Federal Government has amended the paid parental leave scheme, which will enable greater flexibility for eligible working parents in how they take their paid parental leave. ...
Targeting net zero: climate change is putting governance to the test
It is a financial imperative to actively navigate the risks and opportunities that the carbon transition presents. It follows, therefore, that corporate strategy in relation to climate risks and opportunities is no longer appropriately housed solely in Environmental, Social and Governance (ESG) or s ...
Arbitration agreements – don’t play chicken with imprecise drafting
The decision in Inghams Enterprises Pty Ltd v Hannigan [2020] NSWCA 82 found that a dispute was improperly referred to arbitration because the claim for unliquidated damages was not a dispute that fell within the scope of the arbitration agreement. This decision highlights the importance of precise drafting for all dispute resolution clauses. ...
WFH during COVID-19 crisis leaves employers vulnerable to WHS liability
With an unprecedented number of employees now working from home due to the COVID-19 pandemic, employers must be increasingly alert to the work health and safety (WHS) implications arising out of these arrangements. ...
Officers of a parent company may be found officers despite not having an official position or title in the subsidiary
On 11 March 2020, the High Court of Australia (HCA) handed-down its decision in ASIC v King [2020] HCA 4 (ASIC v King), which considered the extended meaning of 'officer' under the Corporations Act 2001 (Cth) (Corporations Act). ...
Permanent casual – like smart casual, a very ambiguous category indeed
In its widely anticipated decision, the Full Federal Court (Full Court) has decided that a labour hire employee was a permanent employee, despite being engaged as a 'casual' by a labour hire firm, WorkPac, for almost four years. ...
Greater than the sum of its parts – an excerpt on exceptional circumstances
The Fair Work Commission (FWC) has confirmed that the convergence of a series of ordinary events can give rise to 'exceptional circumstances' within the meaning of section 366 of the Fair Work Act 2009 (Cth) (Act). ...
Should access to personal leave be permitted during stand downs?
On 18 May 2020, the Federal Court found that Qantas is not required to pay personal/carer's leave to employees stood down without pay during the COVID-19 pandemic. ...
Mann v Paterson Constructions Pty Ltd [2019] HCA 32
In this case, the High Court held that a contractor who terminated a domestic building contract by accepting the principal's repudiation ...