Criminal Prosecutions for Underpayment Under Awards
From 1 January 2025, intentionally underpaying wages or entitlements has become a criminal offence, carrying significantly increased penalties for both individuals and corporations. The provision applies to underpayments occurring after this date, but can also capture prior conduct where it forms part of an ongoing course of action. If you’re unsure about your obligations or […]
The Right to Disconnect in Employment
From 26 August 2024, a ‘right to disconnect’ clause has been added to all awards. This change was introduced by the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (Cth) (the Legislation). This is currently in effect for all non-small business employers and their employees. This will come into effect for small business […]
The new Fair Work Act 2009 (CTH): Changes to the rights of workplace delegate
The Fair Work Commission has recently amended the Fair Work Act 2009 (Cth) (the Act) concerning workplace delegate rights, effective from 1 July 2024. These amendments, particularly the modern award delegates’ rights clause (s350C), expand the scope of representation and protections available to employees through their appointed delegates. A statement from Fair Work Australia setting […]
Casual Conversion
Casual employees are entitled to access pathways to permanent employment under the National Employment Standards. Understand your obligations and entitlements.
Sexual Harassment in the Workplace
Employment Law Advice and Labour Law – Sexual Harassment in employment The Full Court of the Federal Court of Australia recently handed down the decision of Richardson v Oracle Corporation Aust Pty Ltd. The case concerned a dramatic increase in damages for a sexual harassment claim in the workplace. The decision highlights the potential for employers […]
Summary Dismissal – when is it justified?
Summary Dismissal – when is it justified? Introduction A summary dismissal is the immediate termination of an employee by an employer without notice or payment in lieu of notice. This severe action is legally justified only in cases of gross misconduct—serious actions such as theft, fraud, violence, or harassment that fundamentally breach the employment relationship […]
Trade secrets and restraint of trade clauses
Trade secrets and restraint of trade clauses Quite often an employment contract will contain restraint of trade clauses designed to stop an ex-employee setting up a business or working for a competitor in competition with the previous employer. If there is no valid restraint of trade clause in an employment contract, there generally is nothing […]
Unfair Dismissal – Eligibility and Making an Application
Unfair Dismissal Overview Unfair dismissal happens when the Fair Work Commission (FWC) finds that an employee’s termination was harsh, unjust, or unreasonable. Several factors are considered in determining unfair dismissal, such as whether there was a legitimate reason related to the employee’s conduct or performance, whether the employee was notified of the reason, and if […]
What are trade secrets?
What are trade secrets? A trade secret is confidential business information, such as a formula, process, or customer list, that gives a company a competitive edge and is not publicly known. Unlike registered intellectual property, trade secrets are safeguarded through a company’s own measures, including maintaining secrecy and using confidentiality agreements with employees and partners. […]
Work Functions – Employer and Employee Responsibilities
Responsibilities of the Employee and Employer When Serving Alcohol at Work Events Drawing to the end of the year it is a familiar practice for employers to facilitate celebratory functions for the benefit of employees. Work functions, although enjoyable, should be entered into with caution both on the part of the employee and employer. Employer’s […]