All publications relating to ‘Employment’
Can you still set off an employee’s salary against Award entitlements? It’s complicated!
In brief In the area of set offs in employment law, a word of warning to cut through some of the complexity. You won’t necessarily achieve the objective of being able to satisfy award obligations, unless you go about it in the correct fashion. We get technical about the mechanism by which…
Can you extend probation?
In brief Probation periods are important to employers. The probation period allows employers to gauge an employee’s competence and character, before it gets tricky terminating them. There is, however, confusion around this status. As an employment lawyer, I am often asked whether an employer is able to extend the probation period…
Redundancy — can an employer avoid payouts by getting their employees another job?
The Fair Work Act (the Act) contains a provision (s 120) which says that if an employer “obtains other acceptable employment” for an employee it is making redundant, it may get redundancy payments reduced. In particular, on application to the Fair Work Commission it may obtain an order reducing the redundancy…
Redundancy — when don’t you have to pay it?
In brief There is increasingly an expectation amongst employees that they will be paid a lump sum – over and above pay in lieu of notice and any leave entitlements – when their role in the company has been terminated (other than for issues of misconduct). In the past, this right was…
Can you sack a worker by text message?
In brief Hutchison Ports’ recent dismissal of nearly 100 of its employees by a midnight text message has made headlines around Australia. It has also sparked outrage and huge protests amongst its workforce. This article looks at some of the issues arising from this communication style when it comes to terminating employment. The…
When can employees behave badly and get away with it?
In brief One of the challenges for any employer is to manage workforce events such that the employees get to relax and have a good time – without offending, upsetting or harassing their colleagues. One of the key culprits in this process is the obligatory office Christmas party. What happens when staff…
When a choice is not a choice
In Brief As a business owner you can choose whether or not to pay staff bonuses, right? “Discretionary” means … well … discretionary – doesn’t it? Not always says the Federal Court in the recent case of Russo v Westpac. In that case, the court ordered Mr Russo’s employer to pay a discretionary bonus…
When can you direct employees to undergo a medical examination?
In Brief One of the common concerns that employers have is whether their employees are well enough to carry out their duties. This may be because an employee is particularly overweight, may be displaying episodes of dizzy spells or is obviously labouring with a bad back or a sore knee. The employer…
Unions are not above the law
In Brief In a very recent decision of the Federal Court, the Maritime Union of Australia (MUA) had damages awarded against it of $482,000 and was ordered to pay a fine of $80,000 for refusing to allow a couple to start work with a labour hire company. The labour hire company that refused to…
Moonlighting employees it can be difficult to stop
In Brief There can be a number of particularly important reasons why employers need to know whether an employee is working elsewhere and also the nature of that work. In a recent decision of the Fair Work Commission (Bril ‑v- Rex Australia Limited), Vice President Hatcher found that the implied duty of fidelity…