Earlier this month, the High Court handed down two decisions which clarified the test to determine whether a worker was an independent contractor or an employee and revised the approach to determining the relationship. These welcome decisions provide greater certainty for businesses’ relationships with their workers. Prior to these decisions, and for about the last...
What does this mean for your employees and residents? On 28 June 2021, the National Cabinet agreed that the COVID-19 vaccination of residential aged care (RAC) workers would become mandatory by mid-September 2021 and all RAC workers were required to receive a minimum first dose of a COVID-19 vaccine by 16 or 17 September 2021...
We provide answers to questions recently received from business owners regarding staff issues arising from the COVID Lockdown. Q: When can I insist that an employee come to the workplace? There are five key considerations that would prevent you from insisting your employees attend the workplace. First, if they can reasonably do their work remotely,...
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...
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...
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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