Reasonable notice claim costs employer
The recent case of Daigle v SCT Operations Pty Limited [2022] NSWDC 364 (Daigle) has highlighted the importance of ensuring that employees have an agreed, lawful period of notice of termination in their employment contract. In Daigle, a geotechnical engineer who had been employed for over 16 years was made redundant. Daigle’s contract did not […]
ReadmoreFair Work Ombudsman takes holding company to court for alleged underpayments of subsidiaries
The Fair Work Ombudsman (FWO) has issued proceedings against a large, national retailing holding company and four of its subsidiaries in the Federal Court of Australia for alleged underpayments that occurred between January 2017 and March 2019. A refresher on the relevant law The Fair Work Act 2009 (Cth) (Act) makes it unlawful for employers […]
ReadmorePost-employment restraints: a refresher
Post-employment restraints, also known as ‘restraints of trade’, refer to clauses contained within an employment agreement that seek to prevent former employees from engaging in a range of competitive activities after their employment ends. Restraints of trade can be contained in various types of agreements, including: employment agreements, business sale agreements and/or shareholder agreements. For […]
ReadmoreUnions seeking to expand into the real estate industry
There has been a recent push in NSW by the United Services Union (USU) and the Shop, Distributive and Allied Employees Association (SDA) to expand into the real estate industry – an industry that has traditionally seen low levels of union activities. Spokespersons from both unions have raised concerns about harassment and unsafe practices within […]
ReadmoreThe status of ‘gig economy’ workers: An update on the Deliveroo case and further changes on the horizon
In a major decision for the gig economy, the Full Bench of the Fair Work Commission has quashed a decision that a Deliveroo delivery driver was an employee, finding that there was no employment relationship and therefore the driver was not a person protected from unfair dismissal (Deliveroo Australia Pty Ltd v Diego Franco [2022] […]
ReadmoreFMCG Express | September 2022 Edition
In the latest edition of FMCG Express, Partner Breanna Davies and the Gadens team bring you the latest developments in the consumer, retail and hospitality sectors in Australia. In this issue, our team delves into the issues surrounding positive obligations to eliminate sexual harassment in the workplace; risks and solutions when dealing with commercial contracts […]
ReadmoreCriminal charges for Victorian long service leave underpayments
This month, the Wage Inspectorate Victoria (WIV) has flexed its muscle by commencing criminal proceedings against subsidiaries of one of Australia’s largest financial institutions. This follows the successful investigation of Coles by the WIV in 2020, which revealed long service leave underpayments. In this article, we elaborate on these two actions. Background The main functions […]
ReadmoreCourt backs High Court’s independent contractor decision
We previously reported on two High Court decisions that examined how to determine whether a worker is an employee or an independent contractor (Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU) & Anor v Personnel Contracting Pty [2022] HCA 1 (Personnel Contracting) and ZG Operations & Anor v Jamsek & Ors [2022] HCA 2 (Jamsek). The principles […]
ReadmoreCOVID-19 | Fair Work Commission finds lack of consultation means Mt Arthur Mine vaccine mandate unreasonable
A recent decision of the Full Bench of the Fair Work Commission has found that a failure by BHP to adequately consult with its workforce before requiring workers to have received a COVID-19 vaccination as a condition of entry to the Mt Arthur open cut coal mine (Mt Arthur Mine) was unreasonable. The case, (Construction, […]
ReadmoreCOVID-19 | Insight for employers – rapid antigen tests and collection of vaccination information
The COVID-19 pandemic has required employers to stay across ever emerging issues to ensure compliance with requirements and the implementation of best practice approaches. This update covers two evolving issues: the use of rapid antigen testing, and the collection of vaccination information, specifically, individual healthcare identifiers. What is rapid antigen testing? Rapid antigen testing can […]
ReadmoreCOVID-19 | Mandatory vaccination in Victoria
The Chief Health Officer has issued amendments to the COVID-19 Mandatory Vaccination (Workers) Directions (No. 6) (Workers Directions) and COVID-19 Mandatory Vaccination (Specified Facilities) Directions (No.11) (Specified Facilities Directions) as well as introduced the COVID-19 Mandatory (General Workers) Directions (General Workers Direction) (collectively, Directions) in response to reopening Victoria at the 80% vaccination rate and […]
ReadmoreCOVID-19 | NSW RoadMap to Reopening – Work requirements in phase 2 (80% vaccination rate)
This article has been updated to take into account amendments made to the Public Health (COVID-19 General) Order 2021 (NSW) on 19, 20, 21, and 26 October 2021, and 1 November 2021. The Public Health (COVID-19 General) Order 2021 (NSW) (Order) is part of the roadmap for easing restrictions when 80% of the population of […]
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