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.
At 11 am on 7 July 2021, NSW Premier Gladys Berejiklian announced that the lockdown for Greater Sydney and surrounding factions will extend at least until Friday, 16 July 2021. This represents a three-week lockdown whereby affected residents must stay at home causing many businesses into a temporary cessation of operation. Not only do such conditions create hardships for employers but also for employees, many of whom are not required for work and, in some cases, are going without pay. In this client alert, we examine what options are available to employers to protect themselves and their employees during these snap lockdowns.
The beginning of the financial year marks a number of important changes to the employment law area. These changes, relate to minimum wages, the unfair dismissal threshold, the Fair Work Information Statement and changes to the Superannuation Guarantee rate. A summary of the changes to come and what this means for your business is covered in this alert.
This time of year is typically when both employers and employees buckle down for mid-year performance appraisals. It can be a stressful time for some for many reasons. From an employer perspective, performance management and annual or bi-annual reviews instill dread as managers are tasked with conducting individual performance reviews. However, despite the angst and stress that accompanies performance reviews, not much else is achieved as a result of the review, other than to tick the relevant box stating they have been done. This surely cannot be the purpose of performance reviews. It certainly does not constitute appropriate performance management and the consequence of failing to have hard conversations can be costly.
On 23 March 2021, we published a client alert about a decision handed down by the UK Supreme Court in Uber BV and others (Appellants) v Aslam and others (Respondents) [2021] UKSC 5 (“Uber Decision”), whereby Uber drivers engaged as independent contractors were deemed to be “workers”.
We have written previous articles regarding the #metoo movement and sexual harassment and what this means in the context of employment law. Community expectations are rapidly changing in this area especially as the issues of sexual harassment and sex discrimination have come to the fore in recent times as a result of the increased media attention following allegations being aired about sexual assault and inappropriate conduct in our Federal Parliament. Sex discrimination issues continue to garner political and media attention, with the lens of sex discrimination being applied to the treatment of Australia Post’s former CEO, Christine Holgate by the Federal Government.