Employment Law

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…]

Changes for casual employment – employer’s responsibilites

Changes affecting employers of casual employees came into effect on 27 March 2021 following the Fair Work Amendment (Supporting Australia’s Jobs and Economy Recovery Act 2021 (Cth) (Amendment).  The apparent intention of the Amendment is to strengthen the position of regular casual employees and establish more onerous obligations for employers.  Employers need to be aware of these changes to ensure they are not in breach of their new obligations. [Read more…]

Costs in unfair dismissal applications – part 1

Being in business is hard work at the best of times; having to juggle the needs of customers, the demands of financiers and earning a dollar at the end of the day.  One of the most demanding aspects for many business owners is managing the performance of employees.  Given the industrial relations landscape in Australia, employers need to take care if wanting to terminate an employee because of misconduct or ongoing poor performance, lest they risk an unfair dismissal claim. [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…]

New Fair Work information statement

In December 2019, the Fair Work Ombudsman updated the Fair Work Information Statement (FWIS).  The new FWIS sets out information for businesses about the conditions of employment for new employees.  Businesses must issue a copy of the FWIS to all new employees before, or as soon as possible after, they commence employment.  This article discusses the FWIS key changes for 2020. [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…]

Productivity Commission’s draft report on the Workplace Relations Framework

The Productivity Commission (Commission) has released its draft report (Report) on the workplace relations framework.

In December 2014 the federal government requested the Commission to undertake an inquiry into the workplace relations framework, with the Commission releasing an issues paper on 22 January 2015. [Read more…]

Defending general protections claims

Defending a general protection claim can be expensive and time consuming.  The following information is intended to aid employers in understanding how to deal with an employee who threatens to commence, or in fact does commence, a general protections claim. [Read more…]

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