251-260 of 267 results

'Bordering on impossible' that husband and wife duo were independent contractors
Insight 01 Nov 2017

The Federal Court decided that a husband and wife who worked from home and sometimes outsourced their work were employees instead of independent contractors, making the employer guilty of sham contracting, underpayments and other breaches. ...

i.e. versus e.g.: interpretation of enterprise agreement not ultra-literal
Insight 09 Nov 2018

An employer's misunderstanding of Latin has had harsh consequences for it in the interpretation of an enterprise agreement. Associate Victoria Eastwood reports. ...

Dismissal for scab-calling unfair
Insight 19 Jan 2019

The Full Bench of the FWC decided that an employer's decision to summarily dismiss an employee for calling another worker a 'f***ing scab' during protracted industrial disputation was unfair ...

ATO clarifies position on superannuation and annual leave loading
Insight 30 Apr 2019

The Australian Taxation Office (the ATO) has clarified that superannuation will be payable on annual leave loading unless there is evidence that the reason for the loading is connected to a lost opportunity to work overtime. ...

Mental health issues not a shield against discipline and dismissal
Insight 10 Sep 2019

The Full Bench of the Fair Work Commission decided that an employer's decision to dismiss an employee with known mental illness issues was fair. ...

Full Court decides what's in a 'day'
Insight 10 Sep 2019

In a decision with far-reaching implications for employers, the Full Court of the Federal Court has decided that employees who work 12-hour shifts spread over a 36-hour week are entitled to 10 days of their shifts each year for personal/carer's leave. ...

Reputation on the line: the importance of getting award compliance right
Insight 20 Nov 2019

With talk of wage theft becoming a criminal offence, this month's Senate approval of a wage and superannuation theft inquiry, and the increasing number of large employers being named and shamed for underpayments, there has never been a more important time for employers to check they are meeting their obligations – including compliance with modern awards. ...

Workplace Relations
Insight 18 Dec 2015

In this issue we look at sham contracting arrangements gambling addiction as a possible protected attribute under anti-discrimination law who is liable for costs associated with bullying claims a failed general protections claim when a lawful direction will be deemed reasonable and employers ...

Workplace Relations
Insight 05 May 2016

Workplace Relations: We look at an adverse action case; why a redundancy doesn't constitute a termination; the importance of a consistent process to deal with workplace bullying; the fairness of a dismissal for failing workplace drug tests; and preventing an employee going to work with a competitor ...

Workplace Relations
Insight 29 Feb 2016

In this issue we look at a dismissal case emanating from poor behaviour at a company Christmas party the importance of the employment contract in determining whether a reduction in an employees pay and duties results in dismissal an employers difficulty in justifiying a summary dismissal and the ...

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