In light of the COVID-19 pandemic, a significant number of workers began working from home.  As offices began to reopen, many employees wish to remain working from home either on a full-time basis or at least partially.  As a result, employers must consider how they...

It is possible for a resignation to be classified as a “dismissal” for the purposes of the Fair Work Act 2009 (Cth).   A forced resignation (or previously known as constructive dismissal) is when an employee resigned but successfully argues that he/she was forced to because of the conduct of the employer.   The employee will need...

An enterprise agreement (EA) is a document that binds employer and  all present and future employees, relating to the terms and conditions of their employment.  The employer and individual employees may enter into a separate agreement however, the EA will serve as a minimum entitlement.    An enterprise agreement will replace the modern award.   Advantages:  If...

Non-Disclosure Agreements (NDA’s) are an increasing tool for employers to protect against reputational risks arising out of disputes.   NDA’s are a legally binding confidentiality agreement which can be either a stand alone document or contained in a settlement agreement/deed.    An NDA will usually state that that the employee will not disclose any information regarding the circumstances of the...

Reasonable overtime is often a point of contention between employees and employers. An employer may require an employee to work extra hours which are outside the ordinary hours provided it is reasonable to do so.  When determining whether a request for an employee to work overtime, an...

Side-gigs or moonlighting is becoming increasingly popular with employees.    If employees are working a second job then it could be grounds for dismissal. That is because employment contracts often contain clauses which provide that the employee must devote substantially all the hours of work to the employer and that they...

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...

Can I take leave on Public Holidays? Today I want to talk about number 8 of the 10 national employment standards - Public Holidays This is a tricky entitlement because a public holiday is dependant on the state or territory which the employee works, and what is...

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