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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....

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...

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...

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...

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...

Unfair dismissal protection is a well-known component of employment law in Australia and is often the most obvious way for an aggrieved employee to obtain relief following a dismissal. However, the limits on this protection are less well-known and, in particular, the high income threshold can...