Recently, in the Victorian Civil and Administrative Tribunal (the Tribunal), in Kerkofs v Abdallah (Human Rights) [2019] VCAT 259, Ms Kerkofs (the Applicant) was successful in her sexual harassment claim against Mr… Read Article →
This week, during a Senate inquiry in Melbourne on the Fair Work Amendment (Right to Request Casual Conversion) Bill, the unions have continued their campaign for small businesses to be forced to… Read Article →
Stop bullying orders under the Fair Work Act 2009 (Cth) are intended to have a wide application, extending beyond employees to ‘workers’ including contractors, volunteers and students gaining work experience. Recently, the… Read Article →
The deliberate underpayment of employee entitlements, such as wages, is not currently a criminal offence in Australia (despite the misleading use of the term by some). However, that is about to change… Read Article →
The employment relationship is one of contract. Without a contract, there can be no employment. However, society has long recognised a need for more than merely a contract to govern the employment… Read Article →
Wage theft is one of the flavours of the month in the industrial relations space at the moment with repeated calls to introduce tough criminal penalties for those employers who “steal” their… Read Article →
The recent Fair Work Commission (the Commission) decision in Lamacq v Smerff Electrical demonstrates a classic case of what an employer should not do when terminating an employee. Business Owner, Mr Hickey,… Read Article →
Can an employer indefinitely suspend an employee who has been charged with a serious criminal offence for conduct that occurred outside of work? That is the question facing the St George Illawarra… Read Article →
In a recent decision from the full bench of the Fair Work Commission, it was held that an employer lacked a reasonable basis for refusing an employee’s request for flexible work arrangements…. Read Article →
Late last year the Fair Work Commission made the landmark decision of Klooger v Foodora Australia Pty Ltd [2018] FWC 6836 that found the Foodora driver was an employee, rather than an… Read Article →