When can a resignation be considered a dismissal?

The Fair Work Commission has recently determined a number of cases on the question of constructive dismissal.  In each of these cases the employee claimed that whilst they resigned from their employment, their resignations were not voluntary in the true sense, and...

Sexual Harassment Positive Duty

The issue of sexual harassment has become increasingly topical.  The critical question that is often asked – why is more not being done to prevent sexual harassment?  In November 2022, the Federal Government passed legislation imposing a ‘Positive Duty’ on all...
Employee’s Right to Disconnect

Employee’s Right to Disconnect

Today (8 February 2024), the Fair Work Legislation Amendment (Closing Loopholes No.2) Bill 2023 (the Bill) was passed in the Senate.  The Bill amends the Fair Work Act 2009 (Cth) (the FW Act). Following debate in the Senate on 7 February 2024, the Greens introduced an...

Changes to Fixed and Maximum Term Contract Laws 

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 passed on 6 December 2022 (Amendment Act) which overhauled workplace and industrial relations laws in Australia. One of the final components of the Amendment Act introduces limitations on the use...

‘Requesting’ Employees to Work Public Holidays

On 28 March 2023, the Full Federal Court delivered a decision in Construction, Forestry, Maritime, Mining and Energy Union v OS MCAP Pty Ltd [2023] FCAFC 51 (the Full Federal Court Decision) which had significant impacts for all employers who operate on public...