In an ideal world, all employees would be happy 100% of the time. The reality however is that despite the best intentions of employers, things can and do go wrong. Allegations of misconduct could happen to any company, but the ability to effectively handle these and action workplace investigations with procedural fairness is what...
On 15 September 2017, the Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (‘’Act’’) came into operation. The Act introduces wide-ranging changes in the employment sector, including higher penalties for breaches of record-keeping and pay-slip obligations, strengthening the Fair Work Ombudsman’s powers of investigation, and importantly, significantly increasing penalties for ‘serious contraventions’ by employers. A...
A recent Fair Work Commission decision has provided some clarity regarding the weight employers must afford to mitigating factors when considering whether or not an employee’s dismissal is justified. Illawarra Coal Holdings Pty Ltd T/A South 32 v Matthew Gosek [2018] FWCFB 749 involved an employee who had been working for Illawarra Coal for 11...
A recent Federal Circuit Court decision found that employees must continue to comply with reasonable directions whilst taking paid personal leave. Background In Swanson v Monash Health [2018] FCCA 538 (Swanson), the Employee took personal leave due to sickness. During her absence, she provided medical certificates stating that she was unfit for work, however the...
The empirical approach Many employees in Australia are employed on a maximum-term contract; also known as an ‘outer-limit’ contract. These types of contracts state that the employee’s employment is for a maximum term, although both parties can elect to terminate the contract early (such as with an amount of notice). Traditionally, an employee whose employment...
Employees are entitled to be absent if they partake in an ‘eligible community service activity’. The two current types of eligible community service activities are jury service and voluntary emergency management activities. Jury service involves participating as a part of a jury in a court proceeding. Attending for the jury selection process is also included...
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Legal Practitioners at Atkinson Vinden are members of the scheme.
