Articles
The End of JobKeeper = Challenges for Employers – Part 1
Since March 2020 employers have faced mounting challenges as a result of the COVID-19 pandemic. As JobKeeper 2.0 has now come to an end (28 March 2021) we thought it timely to address some questions that may arise for employers. The initial JobKeeper scheme certainly...
Award pay points – How do they work?
Many modern awards provide pay points for the classifications set out in the award. In this article, we provide a step-by-step guide to assist employers in determining the pay point applicable to their employees. Step 1The first step is to determine the...
Elisha v Vision Australia: A Warning for Employers on Procedural Fairness in Dismissals
The recent High Court decision in Elisha v Vision Australia Ltd [2024] HCA 50 has significant implications for employers, overturning a longstanding position in relation to psychiatric injury. The decision confirms that employers can be held liable for psychiatric...
The Expanding Reach of Unfair Dismissal: Implications for Australian Businesses
In a landmark decision that could reshape employment law in Australia, the Fair Work Commission (FWC) has found that a Philippine-based worker was entitled to claim unfair dismissal under the Fair Work Act 2009 (FWA). The Case: Pascuav Doessel Group Pty Ltd [2024] FWC...
End of Year Bulletin No. 2 – Cheers and Fears – Planning your End of Year function
It’s getting to that time of year again when employers hold their annual end of year (EOY) event. Generally, at these events staff get together to eat, drink and have a good time. Remember, the traditional employer-organised EOY function is a work event. All of us...
End of Year Bulletin No. 1 – Annual Shut Downs, Annual Leave and Public Holidays
As the shelves fill with candy canes and mince pies, it’s time to start thinking about the traditional workplace end of year shutdown. While this article provides you with broad information on the topics of annual shutdowns, annual leave and public holidays, many of...
Artificial Intelligence and Managing Employee’s Rights
As Artificial Intelligence (AI) continues to shape the modern workplace, it is paramount employers and policymakers address AI issues proactively and as they arise. Balancing technological advancement with the protection of employee rights is essential to ensure a...
Redundancy series No. 5 – Selection for Redundancy
Previously, we have considered the necessary steps in planning a restructure and consultation. Once you have gone through those processes, the next step is identifying the employees who hold the roles which are excess to requirements and therefore redundant....
Redundancy series No. 4 – Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45
We have written about what a redundancy is, planning for redundancy and consultation so far in our redundancy series. Today we wanted to demonstrate some of the relevant principles by way of recent case law. One such case is that of Helensburgh Coal Pty Ltd v Bartley...
Redundancy series No. 3 – Consultation
In previous articles we have stepped through what a genuine redundancy is and what to be mindful of when planning a restructure. Once the planning is complete, next comes consultation with employees. Section 389(1) of the Fair Work Act 2009 (Cth) requires that...
Redundancy series No. 2 – Planning a Restructure
It’s well known that the cost of living has increased post pandemic and businesses are not immune to these impacts. This is article 2 of our series of articles on redundancy. In this article we look at planning for a restructure. The first critical step in planning...
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