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Kim Milnes

About Kim Milnes

Posts by Kim Milnes:

Resignation forced (200 x 200 px)

EMPLOYMENT UPDATE

Constructive dismissal: when is a resignation considered ‘forced’?

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Two recent decisions of the Fair Work Commission have provided guidance on when a resignation may be considered ‘forced’, and so a dismissal at the employer’s initiative. One of these cases involved a situation where the employee was refused a discretionary bonus, while the other involved an employee being required to make repeated requests for […]

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Untitled (200 x 200 px) (1)

EMPLOYMENT UPDATE

Employer pays the price for poor timing in recommencing performance management process

This Employment Update examines the recent decision of Ryan v Secretary, Department of Education [2024] NSWPIC 186. Whilst the decision of the New South Wales Personal Injury Commission will not be binding on other Courts or Commissions in Australia, it does provide some helpful insight into what constitutes reasonable or unreasonable management action when it […]

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redundancy 200

EMPLOYMENT UPDATE

Establishing a genuine redundancy?

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A recent line of redundancy cases confirms that redeployment considerations are wider than previous case history suggests. This update examines a decision of the Federal Court in Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45, which heard an appeal from the Fair Work Commission relevantly on genuine redundancy and redeployment.  Specifically, the Fair Work […]

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DELAY IN PAYING FINAL ENTITLEMENTS COSTS EMPLOYER $27K (200 x 200 px)

EMPLOYMENT UPDATE

Employers beware: Delay in paying final entitlements costs employer $27k

This employment update examines a recent decision which confirmed the inherent danger in an employer delaying payment of final entitlements (such as untaken annual leave entitlements) to a departing employee whose employment is at an end. Employers are often tempted to withhold payment of final entitlements to ensure the safe return of company property after […]

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March update 200px (1)

EMPLOYMENT UPDATE

Hours reduction for casual employees amounts to dismissal

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The recent Fair Work Commission decision of Tanasak Supsingcra v White Rabbit Kiaora Lane Pty Ltd demonstrates the risks faced by employers where they seek to punish a casual employee by reducing their hours. Facts The employer, ‘White Rabbit’, operate cafés in Sydney. The aggrieved employee, Mr Supsingcra, was engaged by White Rabbit on a […]

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EU closing loopholes (200 x 200 px) (1)

EMPLOYMENT UPDATE

Closing Loopholes No. 2

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We have prepared a summary of the most significant changes arising from the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (‘Closing Loopholes No. 2 Act’), which was passed by the Federal Parliament on 12 February 2024 and received royal assent on 26 February 2024.The Closing Loopholes No. 2 Act amends the Fair […]

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Loopholes bill

ALERT!

Phase one of ‘Closing the Loopholes’ Bill passes Parliament

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The first part of the now ‘split’ Closing the Loopholes Bill has now passed through Parliament. In summary, employers should be aware that this new legislation contains provisions that are designed to: Prevent companies underpaying workers through the use of labour hire arrangements; Criminalise deliberate wage theft; Strengthen discrimination protections for workers experiencing family and […]

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