Blog

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...
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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...
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Casuals, 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...
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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 was stemmed by the government’s assistance package....
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You earn too much: the high income threshold for unfair dismissal claims

29/10/2020
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...
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(No) Jobkeeper for casual employees

29/10/2020
The Jobkeeper scheme was implemented by the Commonwealth Government in response to COVID’s impact on businesses and employees. The scheme was massive and put together quickly and obviously would have some gaps, however as the scheme was implemented it became clear that the most vulnerable employees...
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