The Fair Work Commission has a strict 21-day limit for an application to be lodged after a dismissal takes effect, with only exceptional circumstances warranting an extension. For this reason, it is important to know when your termination of employment has taken effect to ensure you…
Last week The High Court of Australia handed down two landmark decisions regarding the common law distinction between an employee and a contractor. This detailed summary looks at the first of these decisions in Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd…
Employees are protected from unfair dismissal under the Fair Work Act 2009 (Cth), provided their salary is under the high-income threshold and a minimum employment period has been met. For employees of small businesses, the minimum employment period to file an unfair dismissal application is 12…
There is a common misconception that probationary periods allow an employer to dismiss an employee for any reason prior to the confirmation of their employment. Similarly, there is a misconception that an employer can extend this period where they are not willing to confirm an employee’s…
Secret recordings may seem like an easy way to safeguard your rights during a disciplinary meeting or a conversation with your boss. However, they come with significant risks that often outweigh any possible benefits. Secret recording of telephone communications Federal legislation imposes a broad prohibition…
The recent Federal Court decisions of WorkPac Pty Ltd v Rossato [2020] FCAFC 84 and WorkPac Pty Ltd v Skene [2018] FCAFC 131 have attracted a lot of media attention over the last six months, particularly around the issue of “double dipping”. They have also attracted…
