The Fair Work Commission (FWC) has recently found that a Deliveroo driver was an employee and not an independent contractor – delivering further uncertainty for businesses in the gig economy concerning the engagement of personnel. In Diego Franco v Deliveroo Australia Pty Ltd [2021] FWC 2818, Commissioner Cambridge decided that Mr Franco was an employee,...
Many employment contracts, employment term summaries and employee policy manuals state that the employer can terminate an employee’s employment ‘without cause’ by giving a specified period of notice. The minimum amount of notice required varies according to the length of the employee’s service with the employer, as stated in the National Employment Standards. The term...
In September 2019, the Federal Government announced the formation of a Joint Parliamentary Committee to conduct a wide-ranging inquiry into the Family Law system. The review intended to look at how the Family Law system could be improved and provided for Parliament to hear directly from families about how the current system had impacted their...
Amongst the dozens of defamation enquiries the lawyers at Atkinson Vinden receive each month, a surprising number relate to issues amongst close friends and even family. Arguments at BBQ’s, embarrassing comments posted on Facebook, gossip amongst social groups, have all led to calls to our team, wanting to know whether a friend or relative can...
It’s not uncommon for some businesses and employers to think they are not covered by the modern award system, particularly if they have engaged employees pursuant to a contract of employment or a letter of offer setting out an employee’s basic terms, conditions and rate of pay. For some businesses that may be right if...
A fundamental principle of free speech in our country is that people, including journalists, are at liberty to express their genuinely held opinion about others. When does the expression of this freedom become defamatory? According to the Federal Court in the January 2021 decision of Stead v Fairfax Media Publications, defamation may occur when the...
Protecting your reputation starts with simplifying the complex. This handy checklist should quickly point you in the right direction and help you understand whether you have a case, and where to start to secure the best possible outocme.
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