Employment Law & Unfair Dismissal

Modern Awards – What Are They? Do They Apply to Me?

What is a Modern Award? The first Modern Awards were created following an extensive review of industries and working conditions conducted by the Australian Industrial Relations Commission and came into existence on 1 January 2010 (subject to some phase-in provisions). There are currently 121 Modern Awards now overseen by the Fair Work Commission who are …

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Christmas Parties and Employee Misconduct- How to Navigate the “Silly Season”

Christmas parties are a great time to celebrate the end of the year and all the achievements of workers. It is a time laden with festivities both in and outside of work, with spirits often high and people excited for upcoming time off and festivities. However, these morale boosting events are fraught with employment law …

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Restraints of Trade & Non-Solicitation

What’s the difference? Restraint of trade and non-solicitation provisions are also known as “Restrictive Covenants” and operate to limit or impose conditions and restrictions upon employees both during and post-employment. Restraint of Trade A Restraint of Trade provision generally operates to restrict an employee from conducting a competing business with their employer over the course …

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Redundancy- What is it? What are my entitlements? What are my obligations?

What is a Redundancy? A redundancy is considered a ‘no fault termination’ because it does not arise as a result of any personal act or default by an employee. An employee’s termination will be characterised as a redundancy where is occurs by reason of the employer no longer wishing the job or position to be …

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COVID-19 Vaccination Mandate – SPC

On the 5 August 2021, well-known Australian fruit and vegetable processing company SPC has announced that it will mandate the COVID-19 vaccination for all staff. The mandate has been introduced following the latest Delta outbreak in which the SPC Chairman Hussein Rifai has announced that, whilst the company had implemented very strict COVID-19 control protocols, …

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COVID-19 Relief

Since the implementation of COVID-19 restrictions and, in particular since the New South Wales lockdown commenced in late June 2021, many businesses have found it difficult to continue operations. Likewise, many individuals have been left struggling to make ends meet Yesterday the Government announced a Small Business Relief Package to assist Small Businesses in managing …

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What can I do if I am being bullied at work?

Before you can take any legal steps to address the behaviour of a bully, you must first be sure that the behaviour is in fact considered bullying. What is Workplace Bullying? A relatively simple definition of bullying can be found in section 789FD(1) of the Fair Work Act. A worker is bullied at work if: …

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JobMaker Hiring Credit Scheme – What is it & Am I Eligible?

JobMaker in a Nutshell JobMaker is Federal Government Scheme that commenced on 7 October 2020 designed to encourage the creation of jobs in the post-JobKeeper economy. In essence, the JobMaker scheme is available to employers for each now job created until 6 October 2022 for which the employer hires an eligible employee. If an employer …

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Can a Casual Employee bring an Unfair Dismissal Claim?

Who is a Casual Employee? According to section 15A of the Fair Work Act 2009 (Cth) (the “Act”), “a person is a casual employee of an employer if an offer of employment made by the employer to the person is made on the basis that the employer makes no firm advance commitment to continuing and …

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

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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