As we head towards the end of JobKeeper and the proverbial cliff for some companies – the term “Zombie Companies” spring to mind.  What are “Zombie Companies” – those who are heavily reliant on the JobKeeper payments to pay for operational costs of the business but once the subsidies run dry will have difficulty running the business.

Those…

We recently discussed the Government’s IR proposed changes in the article Loosening The BOOT Straps And 9 Other Industrial Relations Changes. There has finally been some movement in this regard with discussions with the…

A number of Employers now must consider the COVID-19 vaccination.  In a previous article “Can Australian Employers force an Employee to get…

The phenomenon of employees taking on “side hustle” projects or secondary projects is nothing necessarily new.  The increase in secondary employment and multiple/diversified income streams has also been given a boost with the onset of COVID-19.

A number of Employers have taken to terminating the employment of employees due to secondary…

The answer is probably yes.…

Loosening The BOOT Straps And 9 Other Industrial Relations Changes 

BOOT (better off overall test) and other IR changes might be coming

The Better Off Overall Test (BOOT) is consideration by the Fair Work Commission whether a proposed Enterprise Agreement (EA) or Enterprise Bargaining Agreement (EBA) is better off overall than the applicable industrial award.   A proposed bill is looking…

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…

The post pandemic landscape has meant a number of challenges for Employers and HR.  As an Employment Lawyer human resources department ask for assistance on a range of matters.

Here are some quick wins for HR for 2021.

Tip 1 – Performance Management Training

Some companies have seen a spike in productivity and others have seen productivity limited.  It is important to understand the unique problems that have…

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…

Here are some insights from our clients from the pandemic

As 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…

resigning in the heat of the moment – how should employers and councils act?

We have recently been asked by a client if they could treat a resignation by a disgruntled employee as a genuine resignation. The employee had felt stressed by events in his personal life and believed unjustified criticism was being directed towards him. He appeared to have verbally resigned at a performance management meeting and partially cleared his work desk.

We have recently…

Planning a work Xmas party? read on…..

The Fair Work Commission’s recent decision in Chambers v Toll Transport Pty Ltd[1] (the Decision) is a useful reminder for employers that not all ‘out of work hours’ misconduct by employees may give rise to a valid reason for dismissal especially in…

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 loading
• Periods of annual leave
• Personal/carers leave (sick leave)
• Compassionate leave
• Public holiday leave

This was even…

Redundancy In A Business Sale – What Employers Need To Know

Redundancy 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…

$664,601.38 payout!

A staggering amount was awarded to an employee for breach of the General Protections – a substantial portion of this was assigned to the difficulty the applicant would have in obtaining employment in the current COVID-19, pandemic effected environment.

TheFederal Circuit Court (FCC) has recently awarded an employee compensation to the tune of over $650,000 due to breaches of the general protection provisions of…

When an employee alleges their termination of employment was harsh, unjust or unreasonable in an unfair dismissal application, the Fair Work Commission (the FWC) is required to consider a number of preliminary matters …

The Fair Work Commission (FWC) was recently invited to consider a jurisdictional objection in a matter[1] involving a personal trainer who used the premises of a gym to conduct his own…