Blog

1 February 2023

From 1 February 2023, workers of companies with more than 15 employees can access ten days of paid family and domestic violence leave within a 12 month period. The full ten days is offered to all employees, regardless of whether you work full-time, part-time or casual,…

27 January 2023

Comparing apples with apples: Can employees argue that their dismissal was unfair because similar conduct did not result in dismissal for someone else?  Unfortunately, differential treatment is challenging to argue in practice and often does not render a dismissal unfair on its own. In the recent…

19 January 2023

Enterprise agreements are negotiated agreements between employers, employees and unions or bargaining representatives about minimum terms and conditions of employment. They can cover a range of matters, including fair wages, hours of work, meal breaks, overtime, flexible working conditions and consultation and dispute resolution processes. Importantly,…

9 January 2023

Employees who reasonably believes that they have been bullied at work can apply to the Fair Work Commission for an order to stop bullying. When assessing these claims, the Commission will consider the evidence and determine whether that evidence constitutes bullying behaviour. The Fair Work Act…

29 December 2022

How challenging is seeking legal costs in the unfair dismissal jurisdiction? A recent case has illustrated how difficult (and often impractical) it is for either party to seek legal costs following a successful outcome in the unfair dismissal jurisdiction. The thresholds under sections 611 and 400A…

19 December 2022

Is resigning because you are unhappy with management actions or decisions grounds for constructive dismissal? In the recent decision of Tomkins v Sandalford Wines Pty Ltd (2022) FWC 3176, Commissioner Williams confirmed that being unhappy in employment in the lead-up to a resignation does not give…