Articles

In 1936 the High Court of Australia described casual employment as intermittent or irregular work. It is fair to say that employment, and casual employment, has evolved since then; "Toto, I have a feeling we’re not in Kansas anymore".Employers breath…

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We are familiar with the long standing approach of industrial tribunals in determining whether an employee's dismissal was unfair.  You examine if there was a valid reason for dismissal, whether a fair process had been followed and look at the person…

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Back in April 2015 we asked whether NSW local councils might be “trading corporations” for the purposes of the Constitution, even though the Local Government Act says they are not corporations but are body politics of the State. We were commenting o…

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A company has been fined $100,000, and an individual director a further $24,000, for using an artificial triangular arrangement to avoid minimum entitlements under the Fair Work Act. The starting position is clear:  the Fair Work Act prohibits sham…

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Do I still get reasonable notice? That is a very good question, and until very recently we would have said, Yes! For those without an agreed period of notice for termination of their employment, the implied term of reasonable notice was a comforting…

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Focus is on the plain meaning of the provisions of an award and notions of fairness have no role to play in interpretation.

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Recent decisions show that continual or serious disregard for management?s requests and processes can justify dismissal.

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This decision highlights important features of the unfair dismissal regime and provides guidance on social media misuse.

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We examine recent decisions and measures business can take to protect its goodwill from misuse by a departing employee.

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Employers need to be able to manage workplace restructuring while balancing obligations to employees on parental leave.

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Restraint of trade clauses are void unless reasonable in the interests of the parties and in the interests of the public.

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These decisions create further uncertainty as to the approach in determining if a worker is an employee or contractor.

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Employees and managers both need far more support to understand, effectively manage and respond to conflict at work

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The High Court restated that an employee is an employee and does not become an independent contractor just by saying so.

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This bulletin looks at the Christmas party, other work-related festivities and the benefit of a drug & alcohol policy.

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Federal and State laws prohibit the secret recording of conversations and doing so at work means dismissal, says the FWC.

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As a general rule, you should only include in the enterprise agreement what you intend to be bound by and no more.

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Natural justice or procedural fairness has three main components: the opportunity to be heard, no bias and based on fact.

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