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10.02.2019
Terminating employees due to long absences: What you need to know
Section 351 of the Fair Work Act 2009 (Cth) prohibits employers from taking adverse action against an employee because of the person’s physical or mental disability. The Federal Court’s decision in Robinson v Western Union has caused consternation among ...
10.02.2019
Redundancy pay exception – ordinary and customary turnover of labour
Employers engaged in contracting sectors – such as providing outsourced services to third parties under contracts for specified periods (e.g. catering, cleaning or maintenance contracts) – cannot assume that they will not have to make redundancy payments ...
09.12.2018
In conTEXT – FWC finds employee not dismissed by text message
Under the Fair Work Act 2009 (Cth), an employee is only protected from unfair dismissal if the employee is actually dismissed. Section 386 of the FW Act sets out the meaning of “dismissed” for this purpose and states that a person has been dismissed if ...
09.12.2018
Message from John Shepherd, ATO
I want to clarify that legislation to extend Single Touch Payroll to all employers from 1 July 2019 has not yet passed the Parliament, despite some public commentary that suggests it has. The Treasury Laws Amendment (2018 Measures No.4) Bill 2018 was ...
02.12.2018
Anyone can accessorise: The accessorial liability provisions of the FW Act
Findings of accessorial liability for contraventions of the Fair Work Act 2009 (Cth) (FW Act) are now frequent occurrences. Most commonly, the individuals found to have been involved in contraventions of the FW Act are directors of companies, and those ...
25.11.2018
Anatomy of an employment contract
It is often said that the essence of the employment relationship is the work/wages bargain – where an employer directs an employee to complete certain work in exchange for wages. However, the reality of the employment relationship is much more complex. ...
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