Following the pandemic, many people are looking at how to change the way they work. There has been recent discussion about whether a 4 day work week is the solution.
Menulog’s application for a new modern award for its drivers, signals a shift by some in the gig economy to recognising that these workers are in fact employees. This may have significant ramifications for the industry at large.
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.
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.
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.
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.
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.
It is a question that comes up more frequently than one might think. That is, if an employee works for the same or a related entity over a number of years in different states and even countries, does all their service count for the purposes of long service leave?
Can employers mandate COVID-19 vaccinations in the workplace?
Most people believe restraints are not enforceable. However, this is far from the truth.
In this client alert, we examine the mechanics of restraints and their enforceability.
In a significant win for employers, the High Court has handed down its decision overturning the Full Federal Court decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 which permitted casual employees to receive the 25% casual loading and nonetheless claim paid service entitlements only applicable to permanent staff, where certain conditions applied.
The High Court decision now squarely aligns with the newly introduced casuals provisions in the Fair Work Act 2009 (Cth) which took effect on 27 March 2021. These legislative amendments affirmed that if agreed under terms of an employment contract, a casual employment relationship that mutually acknowledges no firm commitment to an ongoing working relationship or a regular pattern of work between employer and employee, will be sufficient to curtail any subsequent claims for service related entitlements enjoyed by permanent staff provided the parties observe the terms of the casual contract.
From Sunday, 18 July 2021, most workplaces in Greater Sydney have been declared closed to the public. This lockdown has now expanded to parts of regional NSW and other capital cities.
This means that many employers have had to stand down some or all their employees under the current lockdown restrictions.
So, what is it that employers can and cannot do during this lockdown?
Looking back on the last week, we compiled a list of FAQ to assist employers.