251-260 of 276 results
Beware the risks of converting casuals to permanent employees
A Full Bench of the Fair Work Commission has ruled that prior service as a casual counts as service when calculating redundancy pay The decision is completely at odds with what employers would expect Partner Simon Dewberry Managing Associate Andrew Stirling and Senior Associate Tristan Garcia ...
Workplace Health & Safety Quarterly
We look at the circumstances surrounding the prosecution of a business for using hazardous chemicals the courts move to increase penalties for WHS breaches a new monetary threshold for principal contractor duties in Victoria and the growing use of enforceable undertakings as an alternative to ...
Term of mutual trust and confidence not implied into Australian employment contracts
A landmark High Court decision has determined that a term of mutual trust and confidence is not necessary and should not be implied at law into employment contracts in Australia Special Counsel Eleanor Jewell reports ...
Workplace Relations
We look at a unions contravention of the general protection laws new legislation that will expand the powers of the federal building industry regulator the Fair Work Commissions ruling on urine testing and its implications for employers a Fair Work Commission ruling affirming reinstatement as the ...
Sensible changes proposed to the Australian taxation of ESS interests
Sensible changes have been proposed to the taxation of employee share schemes in the new tax legislation before parliament. ...
A cautionary tale – let sleeping employees lie
A recent Fair Work Commission decision has confirmed that procedural deficiencies will render a dismissal unfair even where the dismissal involves serious misconduct. ...
'Bordering on impossible' that husband and wife duo were independent contractors
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. ...
Employment & Safety
In this issue we look at the Fair Work Commissions support for unpaid domestic violence leave and casual conversion clauses an unfair dismissal following a breach of a zero tolerance drug and alcohol policy proposed WHS amendments in Queensland and another enterprise agreement is terminated ...
Allens advises Archer Capital on sale of Healthe Care
Allens has advised Archer Capital on its proposed divestment of private hospital business Healthe Care to China's Luye Medical Group. Healthe Care is Australia's third largest private hospital ...
Workplace relations
In this issue we look at recent important decisions concerning calculating payment of accrued leave on termination redundancy of senior executives the redundancy risk posed by attempts to forcibly relocate employees disaggregating lawful and unlawful reasons in adverse action termination claims and ...