employee

High Court clarifies meaning of casual employment

In WorkPac Pty Ltd v Rossato [2021] HCA 23 (WorkPac) the High Court has overturned the decision of the Full Federal Court and confirmed that a casual employee is an employee who does not have a firm advance to continuing and indefinite work.  Such employment has to be assessed with respect to written contractual obligations of the parties, rather than the entirety of the relationship based on the conduct of the parties. [Read more…]

Costs in unfair dismissal applications – part 4

Previous articles by Dundas Lawyers have looked at the difficulties confronted in obtaining a costs order against an unsuccessful party in an unfair dismissal application (Application).  To recap, section 611(1) of the Fair Work Act 2009 (Cth) (FWA) holds that a party to an Application, be it the complainant employee or the respondent employer, must bear its own costs in relation to a matter before the Fair Work Commission (FWC).  However, there are circumstances when the other side’s costs can be imposed on a party to an Application.  This article outlines these circumstances. [Read more…]

Costs in unfair dismissal applications – part 3

Previous articles by Dundas Lawyers have looked at the difficulties confronted in obtaining a costs order against an unsuccessful party in an unfair dismissal application (Application).  To recap, section 611(1) of the Fair Work Act 2009 (FWA) holds that a party to an Application, be it the complainant employee or the respondent employer, must bear its own costs in relation to a matter before the Fair Work Commission (FWC).  However, there are circumstances when the other side’s costs can be imposed on a party to an Application.  This article outlines these circumstances. [Read more…]

Costs in unfair dismissal applications – part 2

An earlier article by Dundas Lawyers discussed the difficulties confronted in obtaining a costs order against an unsuccessful party in an unfair dismissal claim.  To recap, subsection 611(1) of the Fair Work Act 2009 (Cth) (FWA) holds that a party to an unfair dismissal application, be it the complainant employee or the respondent employer, must bear its own costs in relation to a matter before the Fair Work Commission (FWC). [Read more…]

Standing down employees – when can it be done?

Standing down employees without pay would seem a logical response to the current COVID-19 crisis.  Employers must first recognise that during the COVID-19 public health pandemic normal workplace laws continue to apply. [Read more…]

Can an employer sack an employee for not following directions?

Fundamental to the success of any business is ensuring that employees comply with directions given to them by their employer.  However, it is not uncommon for employees to be unaware of the consequences to their employment, should they not follow their employer’s reasonable directions. [Read more…]

Terminating an employee for serious misconduct

We are often asked by employers whether or not they can summarily dismiss an employee for various reasons ranging from persistent poor performance to blatant disobedience.  Termination on this basis is also referred to as ‘termination without notice’. [Read more…]

Superannuation changes: Are you ready?

The Australian Government initiated a series of changes in superannuation entitlements, the first of which came into force in July 2012.

[Read more…]

Fair Work Amendment Act – how the changes affect your business

The Fair Work Amendment Act 2012 (FWAA) was assented to on 4 December 2012, and came into partial effect on 1 January 2013.  The legislative changes were made in response to industry demands, and relate to unfair dismissals, general protections and enterprise agreements.

[Read more…]

Employee Share Scheme (ESS) offering an option

What is an ESS?

An Employee Share Scheme (ESS), also known as an Employee Share Option Plan (ESOP), is a contribution plan that remunerates employees by providing them with securities or an option to acquire securities and create a beneficial interest in the company. [Read more…]

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