Casual Contract – Firm Advance Commitment Casual workers have been in the forefront of the Employment Law space since a decision in 2018 allowing for a casual worker to receive annual leave because of the substance of employment.  Then we had a similar decision handed down...

Are you employing on a commission only basis? Or do you have a commission only position. It could be that you are breaching the Fair Work Act.  The only positions that exist for commission only that I know of is under the Real Estate Industry Award 2010...

When filling in the Form F2 Unfair Dismissal Application you will be asked a simple but important question “what outcome are you seeking by lodging this application?”. This is complicated because almost always an ex-employee will be seeking damages but the problem is how much? Under section...

This is another question that I get asked when talking about long service leave ("LSL").  First it is important to go to your work contract, then to your Award or Enterprise Agreement.  Once you have established that there are not provisions for how LSL is...

Quite often when an employee is looking at moving on their first thought is to take clients with them.  This can be a minefield because of the legal restraints they have agreed on in their employment contract. It is legitimate for a company or business to...

Facts In the case of Ambrose v Moolarben Coal Operations Pty Ltd [2014] FWC 3899 an employee was dismissed after sending a co-worker an obscene image and comment to him with a mobile phone after work hours. In July 2013 the employee had been working at the...

As of 1 July 2014 there were changes to the building and construction industry’s portable long service leave legislation.  The changes affect the long service levy rates which are now reduced from 0.3% to 0.25% of the total cost of building and construction work for...

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