Can an Employer force an employee to take the vaccine?The answer is probably yes.Amid some false starts at some point and potentially in the near future a vaccine will be rolled out in Australia.  The Federal Government have been clear to announce that the vaccine will be voluntary, leaving some Employers with ambiguity as to whether they can force an employee to be vaccinated.At the core of this question are several issues to consider:Reasonable and lawful directionsDiscriminationWorkplace…See More

Loosening The BOOT Straps And 9 Other Industrial Relations Changes https://cdn.lawyersforemployers.com.au/wp-content/uploads/media/2021/01/BOOT-test-straps-300x206.jpg 300w, https://cdn.lawyersforemployers.com.au/wp-content/uploads/media/2021/01/BOOT-test-straps-768x527.jpg 768w,…See More

We ride into 2021 with lockdowns, face masks, UK strains and “you're on mute” consistent buzzwords for Employers and the healthcare industry. Directors, practitioners and office managers may be fielding a lot of questions around legal entitlements and obligations so let’s get an assist from the leader of the Avengers himself, Nick Fury.Lesson…See More

https://cdn.lawyersforemployers.com.au/wp-content/uploads/media/2020/12/Picture1-300x142.jpg 300w, https://cdn.lawyersforemployers.com.au/wp-content/uploads/media/2020/12/Picture1-768x365.jpg 768w,…See More

Is your employee getting a second job?Employees getting second jobs. As Employment Lawyers we have been asked to advise on this issue which has now come before the Fair Work Commission.In order to adjust to COVID-19, many employers have required employees to work reduced hours. Positions which have previously been full-time have been varied to part-time, or even casual. Some businesses are also still receiving Jobkeeper payments, allowing the employer to issue stand down directions.The reduced…See More

Is your employee getting a second job?Employees getting second jobs. As Employment Lawyers we have been asked to advise on this issue which has now come before the Fair Work Commission.In order to adjust to COVID-19, many employers have required employees to work reduced hours. Positions which have previously been full-time have been varied to part-time, or even casual. Some businesses are also still receiving Jobkeeper payments, allowing the employer to issue stand down directions.The reduced…See More

Here are some insights from our clients from the pandemicAs Employment Lawyers we are in a privileged position to gather perspective on a very challenging time for many clients with uncertainty and fear prevailing.  For others it has been an opportunity to pivot or seek different options to ensure their business survives and thrives.Discussing these points with many in human resources, personnel management and business owners there are some constant themes which have been aired.  Providing…See More

Here are some insights from our clients from the pandemicAs Employment Lawyers we are in a privileged position to gather perspective on a very challenging time for many clients with uncertainty and fear prevailing.  For others it has been an opportunity to pivot or seek different options to ensure their business survives and thrives.Discussing these points with many in human resources, personnel management and business owners there are some constant themes which have been aired.  Providing…See More

Senior employees are often in a position of trust with their employers, to the extent they may owe an implied common law duty of fidelity to their employer, irrespective of the terms of their employment contract. This duty is often implied as a result of a senior employee’s access to confidential information, their knowledge of internal operations or their ability to exercise or influence decision-making powers on behalf of their employer.We have recently reviewed a decision…See More

Senior employees are often in a position of trust with their employers, to the extent they may owe an implied common law duty of fidelity to their employer, irrespective of the terms of their employment contract. This duty is often implied as a result of a senior employee’s access to confidential information, their knowledge of internal operations or their ability to exercise or influence decision-making powers on behalf of their employer.We have recently reviewed a decision…See More

A recent Federal Circuit Court decision has seen 48 employees of Macquarie Bank being awarded in total $1.34 Million in underpayment of wages.  Ranging from non payment of:Annual leave loadingPeriods of annual leavePersonal/carers leave (sick leave)Compassionate leavePublic holiday leaveThis was even though in the context of the Modern Award the employees were paid well above any wage obligations under the…See More

A recent Federal Circuit Court decision has seen 48 employees of Macquarie Bank being awarded in total $1.34 Million in underpayment of wages.  Ranging from non payment of:Annual leave loadingPeriods of annual leavePersonal/carers leave (sick leave)Compassionate leavePublic holiday leaveThis was even though in the context of the Modern Award the employees were paid well above any wage obligations under the…See More

Redundancy In A Business Sale – What Employers Need To KnowRedundancy in business sales can be tricky – the Gravenell Case shows us “what not to do” Redundancy in a transfer of business situation will usually be in circumstances where the “new” employer does not want to bring the employee onboard (for whatever reason) or the employee does accept a suitable alternate position.A recent case before the Fair Work Commission of …See More

Redundancy In A Business Sale – What Employers Need To KnowRedundancy in business sales can be tricky – the Gravenell Case shows us “what not to do” Redundancy in a transfer of business situation will usually be in circumstances where the “new” employer does not want to bring the employee onboard (for whatever reason) or the employee does accept a suitable alternate position.A recent case before the Fair Work Commission of …See More