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Employment Law
Insight 06 Dec 2016

In this issue we look at the Fair Work Ombudsmans decision to prosecute a sham contracting offence even after the employer had rectified the underpayments the enforceability of post-employment restraint of trade clauses how a new ABCC will look like after its journey through the Senate and the ...

Employment Law
Insight 03 Apr 2017

Employment & Safety
Insight 05 Jun 2017

This Insight examines the latest developments in employment law ...

'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. ...

Make no mistake (lest you are sacked): FWC rules on safety incident dismissal
Insight 20 Nov 2019

The Full Bench of the Fair Work Commission decided that a crane operator's sacking for a 'significant' safety incident was a fair and proportionate response, despite a working relationship of almost four decades. ...

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. ...

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