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 →
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 →
Last Tuesday, October 23, 2018, union rallies were held in Melbourne and Sydney in support of the Australian Council of Trade Union’s (‘ACTU’) “change the rules” campaign. The protests followed a series… Read Article →
Australian workplace lawyers are parochial by nature. We don’t look at international examples very often. And given the tens of thousands of pages of domestic industrial instruments that we are forced to… Read Article →
With the growing proliferation of ‘no win no fee’ and contingency based employment litigation agents, it’s easy to presume that this as a positive move for ‘access to justice’ for employees. But… Read Article →
Employers are required to walk a tight-rope every time they hire a new employee. The Fair Work Provisions that prohibit discrimination against prospective employees are broad. However, in reality, these situations are… Read Article →
There has always been a distinction between an employment relationship at common law, defined by the terms of the contract of employment, and the employment relationship as defined by the relevant Australian… Read Article →
Sally McManus threw down the gauntlet to ‘big business’ last week on behalf of the ACTU at the National Press Club. Ms McManus set out a number of proposals about industrial relations,… Read Article →
As an industrial lawyer, it was probably a mistake logging onto social media on Thursday, in the aftermath of the Fair Work Commission’s order in relation to the RTBU strike proposed on… Read Article →