The recent High Court decision in Elisha v Vision Australia Ltd [2024] HCA 50, demonstrates the potential risks surrounding disciplinary processes, especially when workplace policies form part of employment contracts. The case also highlights the importance of having and following fair procedures and the potential for…
Everyone has the right to a safe work environment free from discrimination. In Australia, laws prevent employers from taking adverse action against an employee because of race, colour, sexual orientation, age, physical or mental disability, marital status, family or carer responsibilities, pregnancy, religion, political opinion, national…
The Fair Work Commission (FWC) has warned that employees cannot be compelled to sign a new employment contract after a worker was found to have been unfairly dismissed for not agreeing to a new contract with a higher sales target and stricter post-employment restraints. The business…
From 26 August 2024, the Fair Work Act definition of employee has expanded in response to issues related to the classification and treatment of independent contractors. The amendment is part of the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024. Independent contractor or employee?…
Last year, the Senate Select Committee on Work and Care drew attention to “availability creep” where Australian employees are increasingly expected to complete work outside of work hours leading to significant unpaid overtime. To combat this, the Fair Work Act 2009 (Cth) has been amended from 26 August 2024 to…
The Annual Wage Review is in, and Australia’s minimum wage workers are set to receive a 3.75% increase from 1 July 2024. The Fair Work Commission considered cost-of-living pressures on households, the needs of the low-paid workforce and the gender pay gap when reaching their decision. In announcing the…
