Employment Law & Unfair Dismissal

A series: COVID-19 Vaccine – Can my employer force me to get it? (part 2)

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The absence of a legal requirement does not mean that people will be not receive directions to have the COVID-19 vaccine from employer’s and other areas in society. Pursuant to Workplace Health and Safety laws, an Employer has an obligation to provide a safe workplace and employees have obligations to assist their Employer in maintaining …

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A series: COVID-19 Vaccine – Part 1

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Can my Employer require me to have the COVID-19 Vaccine Last year a COVID-19 vaccine became more of a reality and countries scrambled to work through approval processes. The Therapeutic Goods Administration has now officially approved the Pfizer/BioTech as well as the AstraZenica COVID19 vaccine for use in Australia. This has officially indicated these vaccines …

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“Smile – You’re on Camera” – Workplace Surveillance in a Nutshell

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It is becoming increasingly more common for workplaces to install security cameras as a method of addressing issues of staff safety and security. However, for many employees, the installation of security cameras throughout their office or place of work can cause feelings of unease and distrust. We have taken a look into this issue to …

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Casual Employment Workplace Reforms- What Are They & How Will They Impact Your Business?

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Introduction In the last few years the Federal Government has been carefully considering the current employment climate particularly with respect to the high numbers of casual employees. The COVID-19 pandemic cast a spotlight upon the casual employee sector. A sector in which 1.35 million of the 2.6 million casual employees had in fact worked regular …

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Unfair Dismissal – What is the timeframe to bring an unfair dismissal claim

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Tran v Littlewoods Services Pty Ltd [2020] FWCB 814 29 May 2020 An accountant has learnt the hard way the importance of bring an unfair dismissal claim within 21 days of dismissal.  Typically all claims for unfair dismissal must be commenced within 21 days of dismissal unless special approval is granted by the Commission. Whilst …

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Unfair Dismissal – Employees and Rights to Privacy

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Jeremy Lee v Superior Wood Pty Ltd [2019] FWCB 2946 1 May 2019 In today’s work environment employees are now more likely to be tracked and measured (think cctv cameras and data passes).  Employers are obliged to record hours of their staff and have safety and security reasons for tracking such actions.  However, questions are …

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Unfair Dismissal – The Gig Economy Worker and Unfair Dismissal

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Gupta v Portier Pacific Pty Ltd & Uber Eats Australia Pty Ltd [2020] FWCB 1698 21 April 2020 Nearly everyone has had an exposure to the gig economy.  From online food delivery, transport and multiple other means of provision of goods and services, technology enabled platforms bring convenience to our fingertips.  These platforms have also …

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Another Decision Affecting Your Casual Workforce

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On 20 May 2020, the Federal Court of Australia made a decision that solidifies and upholds the key principles enunciated in the landmark case of WorkPac Pty Ltd v Skene [2018] FCAFC 131. This case again highlights the importance for employers to monitor the work patterns of casual employees to ensure their work hours are …

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Redundancy & COVID-19 – What Happens if Your Business Cannot Pay?

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Coronavirus COVID-19 has had a big impact on Australian and international businesses with many now struggling to keep their doors open. For many, they have had no choice but to let go of some staff by way of redundancy. And for some, this has come with the added burden of affording that lump sum payment. …

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What is workplace bullying?

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Bullying in the workplace is governed by provisions in the Fair Work Act, which defines the scope of what constitutes workplace bullying, and also explains the grounds upon which a claim can be made with respect to such bullying. Workplace bullying can have serious ramifications for both the perpetrator and the business as well as …

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