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High Court Confirms the Primacy of Written Contracts in Independent Contracting

The thorny issue of whether an individual is an employee or contractor is of great significance and getting the classification wrong can mean the imposition of significant monetary penalties and liability for outstanding wages, taxes and other benefits. However, knowing with some certainty whether a person is an independent contractor or not is not clear-cut. In fact, this issue has occupied much of the Court’s time over the years and been the subject of considerable judicial consideration.

The High Court of Australia appears to have jettisoned previous views, and have recently handed down two significant decisions that revise the approach to be taken by courts when determining whether a person is an employee or independent contractor.

2022- The Year Ahead

As we look over the year that was, and forward to 2022, now is the perfect time to reflect on the goals that your business would like to achieve in the coming year and how to best align your staffing needs, employment practices, and HR functions with those goals.

Managing Risk At Work Christmas Parties In The Era of COVID-19

As Australians emerge from lengthy lockdowns and are making their way back to the workplace, we are expecting a number of companies to hold their end of year work Christmas party as a way to reconnect their staff before the new year. In this alert, we explore the various ways employers can mitigate the risk associated with work Christmas parties and safeguard the business especially in the era of COVID-19.

How Can Employers Avoid the Great Resignation?

Despite considerable uncertainty over job security over the last 18 months, ironically, the last several months has seen a global trend of mass resignations.

We examine what has been termed in the United States, “the Great Resignation”, and whether those voluntary resignation trends can be expected to manifest in Australia.

We further examine what strategies Australian employers can develop and utilise to prevent mass resignations in their organisations so that Australian employers can retain their skilled workforce and can ‘get back to business’ as a matter of priority.

NSW Supreme Court Dismisses Challenges to Vaccine Mandates

Following the introduction of Health Orders by NSW Health Minister Brad Hazzard imposing requirements on workers in a number of industries to be COVID-19 vaccinated, a total of ten workers across various sectors challenged the validity of these orders in the Supreme Court of NSW.

The challenges were heard together and the Supreme Court of NSW published its single decision.


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