Changes to casual employment – industrial relation reforms
The Fair Work Act 2009 (‘FWA’) was amended on Friday 26 March 2021 to change workplace rights and obligations for casual employees. The changes came into effect on 27 March 2021. Following is an outline of the changes: Introduction of a Casual Employment Information Statement Employers are required to give every new casual employee a […]
Drug Court
Victoria Law Week and the New Bendigo Court Victorian Law Week, held in May every year, is very often a source of free and fascinating events. While the state-wide program has partly finished, there are still online sessions open that provide legal advice about topics such as dispute resolution, intellectual property and law enforcement. An […]
Dismissal over Facebook post
A recent decision of the Fair Work Commission (the Commission) once again illustrates the perils of social media and employment. The Applicant was employed as a finance broker by the Respondent from about February 2013. The Applicant was summarily dismissed on 19 June 2020. On 10 July 2020, the Applicant made an application to the Commission […]
New laws – from 1 April 2021 – Zero BAC requirement for all heavy vehicle drivers
Effective from 1 April 2021 Victoria has introduced new laws for truck drivers. Previously the laws for a zero blood-alcohol limit for drivers of heavy vehicles greater than 15 tones applied, however this has been extended to drivers of heavy vehicles greater than 4.5 tonne (GVM). This step has been taken by the Victorian Government […]
HR Investigations need to be sound
The following summary of a recent case outlines how important it is for employers to have sound HR processes in place. The applicant lodged an unfair dismissal application with the Fair Work Commission after being terminated from her employment. The applicant had been employed for almost 15 years. The applicant was employed on a full-time […]
Employee or Contractor?
In a recent case, the Full Federal Court looked at independent contracting arrangements. The Full Federal Court unanimously found that two drivers each engaged for 35 years as independent contractors were in fact employees all along. In considering the decision the court made an assessment of the totality of the working relationship: The Applicants derived […]
Preventing Sexual Harassment In Victorian Workplaces
The Andrews Labor Government has begun work on a new plan to stamp out sexual harassment in Victorian workplaces. Acting Premier James Merlino joined Minister for Workplace Safety Ingrid Stitt and Minister for Women Gabrielle Williams on International Women’s Day to announce the establishment of a Ministerial Taskforce on Workplace Sexual Harassment to develop reforms […]
Joking – Not enough for dismissal
The Fair Work Commission (FWC) has found that a dismissal of a casual driver who made a joke about putting a WorkCover claim in to be harsh and that Hinterland Motors Pty Ltd T/A Hinterland Toyota (Respondent) had “acted in a pre-emptive manner and did not establish that any action by the Applicant was fraudulent.” […]
Once more to the breach dear friends: the fight for women’s rights is far from over.
In recent times, one of the overriding conclusions that many disillusioned women have come to is that reforms for the rights of women have to be pushed along by the women themselves. There’s no point in waiting for some legislative miracle from above that will abolish sexual harassment or discrimination. And no point in waiting […]
Fair Work Ombudsman on COVID-19 Vaccinations
There has been a lot of recent discussion around the obligations on employers and employees in relation to COVID-19 vaccinations. The Fair Work Ombudsman (FWO) has recently clarified the matter whilst keen to point out that both employers and employees should consider getting legal advice about their own circumstances. The Australian Government’s policy is that […]