In a recent decision, the Fair Work Commission has ruled that payments made on an annual basis by an employer to help reduce an employee’s fringe benefits tax liability are not counted as earnings. The decision resulted in the employee’s remuneration falling below the high-income cap and meant that it was open to the employee to pursue an unfair dismissal claim.
The Fair Work Commission has handed down its decision this morning to increase the national minimum wage as part of its wage review.
In this edition of ‘It depends’, associate Megan Cheng talks about what an all‑inclusive annual salary is and whether an employee who is paid an all-inclusive annual salary can still successfully make an underpayment claim.
In this edition of ‘It depends’, lawyer Megan Cheng talks about when an employee can be dismissed for conduct outside of work and how employers can prove that there is a relevant connection between the outside of work conduct and the employment relationship.
The Federal Court has reprimanded a meat wholesaler after compelling a foreign employee to work 50-hour weeks without the payment of overtime.
The Federal Circuit and Family Court of Australia have recently dismissed an accountant’s claims of adverse action and disability discrimination, finding that there was no causal link between the employee’s dismissal and his autism.
The Fair Work Commission has delivered an emphatic warning to employers who organise rosters on digital platforms, finding that the removal of an employee from a WhatsApp group and the withholding of their shifts can constitute dismissal.
The Federal Court has provided a timely wake up call to employers who provide payments in lieu of notice after termination of employment, finding that such practice is unlawful and could subject employers to significant pecuniary penalties.
The Fair Work Commission has recently denied an employee’s application for stop bullying orders where the alleged bullying occurred on Facebook and was not directly connected to the work the employee was expected to perform.
Recent High Court decisions on whether workers were employees or contractors have prompted the ATO to release a new draft ruling and guideline.
Introduction From 1 April 2023, Queensland’s new work health and safety Code of Practice, ‘Managing the risk of psychosocial hazards at work’ (Code) requires workplaces
The Fair Work Commission has recently denied a security guard’s claim for an unfair dismissal remedy where the employee failed to disclose an acute anxiety condition to the employer.