Employers have many tax and superannuation obligations when it comes to their employees. While there is a common law test for whether someone is an ‘employee’, different legislation expands the ...
Employers have many tax and superannuation obligations when it comes to their employees. While there is a common law test for whether someone is an ‘employee’, different legislation expands the ordinary meaning to deem particular individuals to be employees when they are not. This can create significant problems where employers
Employers need to be careful of a couple of traps where their employees are working overtime.
It is often difficult for employers to implement new employment contracts for existing employees, particularly when employers are seeking to make changes that are for the benefit of the business.
In Daniel Racek v DP World Sydney [2019] FWC 772, an employer was severely criticised by the Commission for allowing an employee to return to work after an incident in which the employee needed to be ‘talked down’ after threatening to commit suicide at work.
The Fair Work Ombudsman’s recent focus on accessorial liability has again been demonstrated in a recent case where two directors who were ‘wilfully blind’ to the fact that employees were not being paid their entitlements were found personally liable for the underpayments.
In the recent decision of Sarah Cruise v Baxter Cassidy Pty Ltd T/A Ray White Langwarrin [2019] FWC 1751, the Commission found that an employer’s failure to consult with an employee caused the dismissal to be unfair and not a genuine redundancy.
On 27 February 2019, the Full Bench of the Fair Work Commission handed down an Annualised Wage Arrangements Decision that proposes additional record keeping and reconciliation requirements for employers.
The Commonwealth Government recently passed the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth), revamping the current whistleblowing scheme in Part 9.4AAA of the Corporations Act 2001 (Cth).
In Lorraine Roche v Trustees of the Roman Catholic Church for the Diocese of Wagga Wagga [2018] FWC 3933, a diocese was ordered to reinstate a school officer, Ms Roche, after she was dismissed following a heated argument with a colleague who was known to be ‘predictably volatile’.
A recent decision of the New South Wales Industrial Relations Commission in Colefax v Secretary, Department of Education [2018] NSWIRComm 1033, provides fascinating insight for schools about the Commission’s view concerning the inherent requirements of the role of teacher and when adjustments are no longer reasonable.
On 2 April 2019, the Fair Work Commission inserted overtime rates for casual employees into the Horticulture Award 2010.
On 2 April 2019, the Federal Government handed down its 2019-2020 Budget. The Budget includes allocation of funds to a national labour hire registration scheme, a sham contracting unit within the Fair Work Ombudsman and the Superannuation Guarantee Taskforce.
Cooper Grace Ward acknowledges and pays respect to the past, present and future Traditional Custodians and Elders of this nation and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples.
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