Employment Law & Unfair Dismissal

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

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

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

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

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?

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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Will Covid-19 impact your business?

With Covid-19 (or coronavirus) now declared a global pandemic, one cannot help but to consider the potential impact on the economy with entire sectors now at risk. If you are a business and employ staff, you may unfortunately need to give urgent consideration to cutting business costs which could mean some significant staff changes. While …

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Contractor or Employee? 

Companies often express a desire to engage workers as contractors, not employees. The economic benefits to any company in engaging contractors rather than employees can be substantial. Many companies, whether intentional or not, engage in ‘sham contracting’ or ‘disguised employment’ which is to engage a worker who is, for all intents and purposes, an employee …

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Are your causal employees really casual?

WorkPac Pty Ltd v Skene [2018] FCAFC 131 What’s the case all about? A recent Full Federal Court (‘Court’) decision may have major implications for employers and labour hire companies who rely on a casual workforce.   Mr Paul Skene accepted an offer of casual employment from WorkPac Pty Limited (‘WorkPac’) and worked for two …

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Have you been unfairly dismissed?

Unfairly dismissed. This is a term that can get thrown around quite easily, but what does it actually to mean to be ‘unfairly’ dismissed? Adams & Partners Lawyers have extensive experience representing workers who have been unfairly dismissed and can advise you whether you may have been unfairly dismissed from your job and what you …

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