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.
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.
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?
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.
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.
Important amendments have been made to the Fair Work Act 2009 (Cth) which introduce new workplace rights and obligations with respect to casual employees. These changes came into effect on 27 March 2021.
The changes to casual employment are significant and will affect every national system employer in Australia which has a casual workforce.
Many labour hire and contract for service employers (such as commercial cleaning, security and maintenance companies) exist as a result of contracts they have with clients for their services, for which they engage staff. When these contracts come to an end, there is no need to retain the staff and as such their positions are redundant. It has been widely accepted that if this is the manner in which these businesses did business, and it was an ordinary and customary part of the business model, then the employer would not be liable to pay the employees redundancy pay as a result of the terminations due to loss of contracts. This idea has been enshrined in the Fair Work Act 2009 (Cth) which provides that redundancy pay is not required if the termination of employment is a result of the “ordinary and customary turnover of labour”. However, there has been much uncertainty as to when this actually applies and what these words mean. There has also been significant recent judicial scrutiny of the issue.