An overpayment generally occurs when an employee receives money to which they are not entitled. It is easy for an overpayment to occur, this might happen where an employee is paid when they are on unpaid leave; receiving workers’ compensation benefits; or when they reduce their hours of work and are paid for the higher […]
Queensland, Victoria, the ACT and the Northern Territory have each implemented industrial manslaughter laws. Similar legislation is currently being contemplated in NSW. These laws do not affect the employer’s primary duties under workplace safety legislation, however, they have resulted in new offences and penalties. We can assist your business to ensure compliance with workplace health […]
Queensland public sector employees who believe they have been bullied in the workplace can apply to the Queensland Industrial Relations Commission for a stop bullying order. However, if the bullying application does not meet the requirements set out in the Industrial Relations Act the Commission will not have jurisdiction to deal with it. We are […]
Sham contracting occurs when a business (or individual) misrepresents to a worker that they are an independent contractor when they are actually an employee of the business. Issues can also arise when an employee is terminated, only to be re-engaged as an independent contractor. Whether sham contracting is done knowingly or recklessly, it is against […]
Policies are essential in the workplace as they help reinforce and clarify the standards expected of employees and help employers manage staff more effectively. In this video, we provide our top 3 tips in relation to employment policies. Avoid incorporating policies into the employment contract Policies should be expressed in the contract as a reasonable […]
As the COVID panic took hold in March 2020, many employers missed the implementation of the annualised wage provisions into 16 Modern Awards (with more to follow) that occurred in February 2020. Do you know how these provisions may affect the arrangements you have with your employees? The annualised wage provisions are significant provisions, particularly […]
Increasingly, social interaction online is becoming the way individuals connect with each other. The distinction between personal and work life is narrowing. This is causing employers to ask: Can I be liable for my employee’s personal social media posts? To what extent can I limit my employee’s personal social media posts? This area of law […]
There has been a lot of change in the casual employment space in Australia over the past 3 to 4 years, and in particular 2 significant Federal Court decisions where employees who were believed to be casual employees were found to be permanent employees (and so entitlement to permanent employee entitlements). Do you know how […]
From 27 March 2021, signficant changes effecting employers who engage casual employees were introduced into the Fair Work Act. Whilst casual conversion provisions have been a mainstay in many modern awards for some time now, the new changes to the Act puts casual conversion obligations front and centre for all employers and their casual employees. […]
