Blog

Unfair dismissal claims

24/11/2020
When someone is dismissed unfairly from their job, the first avenue that comes to mind is usually an unfair dismissal claim. In this article, we look at the eligibility criteria to make unfair dismissal claims, what an unfair dismissal claim actually is, the process involved in...

How does bankruptcy or insolvency impact an unfair dismissal claim?

24/11/2020
Where an employee has declared bankruptcy, or an employer has become insolvent, the ability to make or continue an unfair dismissal claim can be impacted. In this article, we look at the different types of bankruptcies and insolvencies and how each impacts an unfair dismissal claim....

Are independent contractors protected from unfair dismissal?

24/11/2020
Traditionally, independent contractors are not protected from unfair dismissal because they are not employees. However, in some cases, the parties have mischaracterised the relationship as a contractor relationship when it is actually an employment relationship. In these cases, because the worker is actually an employee, they...

Why do we not care about age discrimination?

29/10/2020
Age discrimination is illegal in Australia, save for some limited exceptions, and has been for a long time. However, while the law is clear-cut, age discrimination seems to remain more acceptable than other forms of discrimination. This is true even though the retirement age is being...

Casual employees, entitlements and why no-one is ‘double-dipping’

29/10/2020
The Federal Court decisions in Workpac v Skene and Workpac v Rossato put the issue of employment entitlements for casual employees in the mainstream media. As the media reported on the decisions, commentators often criticised the decision as allowing ‘double-dipping’ by employees and the Commonwealth government...

COVID redundancies and general protections claims

29/10/2020
As the Commonwealth government’s Jobkeeper winds down it is widely expected that there will be widespread reductions in workforces and therefore redundancies. This follows on from an initial wave of redundancies at the start of the COVID outbreak which stemmed from the government’s assistance package. The...