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Workplace Assured

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25.01.2022 A court has dismissed a workers application for a ruling that his employer is not entitled to pursue a case that the worker deliberately overstated the effect of a claimed work injury. The worker claims a work injury aggravated a problem with his knee when he was covering the load on his truck with a tarpaulin and fell to the ground, twisting his knee.

24.01.2022 Uber has settled before the Judge's decision, on what would have been the first ruling with significant impacts for gig economy employment rights. Learn more https://fal.cn/3cSb6 #workplace #employmentlaw

24.01.2022 A catering business has entered into an enforceable undertaking that will cost it more than $281,000, after a resident in an aged care home suffered serious burns from hot coffee.

23.01.2022 The Fair Work Commission (FWC) has given a worker permission to go ahead with an unfair dismissal claim after she was put on indefinite unpaid leave for refusing to be vaccinated for the flu. Learn more https://fal.cn/3d0VO #workplace #employmentlaw

23.01.2022 A commission has awarded ongoing compensation payments beyond the first 130 weeks of incapacity to a woman injured while moving cartons of alcohol at a liquor retail outlet.

22.01.2022 The Fair Work Ombudsman has secured $276,929 in penalties in the Federal Circuit Court against the former operators of two Hello Juice outlets in Victoria for deliberately exploiting employees.

22.01.2022 From implementing extra cleaning of frequently touched surfaces to appointing a COVID-19 champion, this return-to-work plan will help keep workplaces safe.

22.01.2022 The Fair Work Commission (FWC) has made a decision to grant paid pandemic leave in three modern awards of Aged Care, Health Professionals and Nurses Awards with the exclusion of casual workers with irregular hours. There is continued pressure on the Federal Government to extend paid pandemic leave to cover every Australian worker.

21.01.2022 Join our legal experts Nigel Ward and Luis Izzo in this free webcast as they review the significant events in employment law during this incredible year and discuss what they believe HR professionals and business owners should prepare for in 2021. Register now https://fal.cn/3bHkl #workplace #employmentlaw #webinar

21.01.2022 A beachside caf and one of its directors has been charged by SafeWork SA over an incident where a young casual worker was seriously burned in August 2018.

21.01.2022 While many of us enjoy a barbie and a beer on Australia Day, others will be hard at work. But what if your employees refuse to play ball? Read more https://fal.cn/3cP8m

21.01.2022 With Melbournes coronavirus cases spiking to 725 on the eve of the Victorian State government shuttering business for six weeks, worker permits will be required for those deemed essential workers during the stage 4 lockdown.

21.01.2022 An employee with a long history of abusive conduct towards co-workers has successfully claimed his eventual dismissal was unfair.

21.01.2022 In mines and medical facilities, road transport and retail operations, hospitality, horticulture and many other industries, Australias hundreds of thousands of shift workers can only dream of a cushy nine-to-five job where they can spend the evenings with their families and sleep at night.

20.01.2022 When a vehicle leasing business retrenched an employee because of a COVID-19-caused downturn in business, it failed to consult with him over its decision. The result was that his employment ended between the general announcement of the JobKeeper scheme and release of its details and implementation.

19.01.2022 A wildlife sanctuary worker has failed to convince a tribunal his pandemic-related dismissal was not a genuine redundancy.

19.01.2022 Safe Work Australia has released a snapshot on workers compensation claims relating to COVID-19. Learn more https://bit.ly/32Q6Dw5

19.01.2022 A worker has been awarded $120,000 in damages. Learn more about the case https://fal.cn/3cZnh #workplace #employmentlaw

19.01.2022 A casual skilled labourer working for a racking and storage system company, Correct Install Pty Ltd in Queensland, claimed he was unfairly dismissed for three reasons. One, to avoid being paid a redundancy due to a downturn in business, secondly, that he was not entirely responsible for a safety incident that terminated his employment and thirdly that he was a safe worker and not involved in any company breaches after his last warning on 25 July 2019.

18.01.2022 Can we refuse an employee's request for annual leave over the Xmas period? Learn more https://fal.cn/3bJY7

17.01.2022 A South Australian convenience store chain has been ordered to pay a low-paid trainee employee almost $65,000 in penalties. The chain had used various tactics that resulted in him being underpaid, including working without pay for regular short periods each shift and not being paid penalty rates for overtime.

17.01.2022 Can we direct an employee to attend a mental health assessment? This question was recently sent to our Workplace Advice Line. Read our answer.

17.01.2022 In a ground-breaking judgment yesterday, the High Court has issued its first decision on the Fair Work Acts National Employment Standards since their introduction over 10 years ago.

16.01.2022 A university academic who had been off work for 13 months due to illness deliberately thwarted her employers attempts to establish whether she was fit to return to work.

15.01.2022 All workplaces in metropolitan Melbourne were forced to close from 11.59pm last night unless the workplace is part of a permitted industry.

14.01.2022 Join our legal experts Luis Izzo and Julian Arndt from Australian Business Lawyers & Advisors to understand the leave entitlements your business should be lawfully providing your employees. Register now

14.01.2022 How is regular overtime paid if it occurs on Australia Day? We answer this question that was recently sent to our Workplace Advice Line https://fal.cn/3cQMd

13.01.2022 After a first-year apprentice roof plumber fell through a skylight and later died of his injuries, his employer who operated a roofing company said the hardest thing he ever did in his life was to walk into the intensive care unit and meet the young mans mother and brother, when the 20-year-old was in a critical condition. The subsequent prosecution for safety failings and the fine of $400,000 would also not have been easy.

13.01.2022 Can we suspend an employee without pay while investigating an incident of alleged misconduct?

12.01.2022 A union has successfully challenged a decision that a JobKeeper-enabling direction was reasonable.

12.01.2022 Can we dismiss an employee for prolonged absences on personal leave?

10.01.2022 A catering assistant at an aged care facility was justifiably dismissed for coughing in the face of a nurse taking his temperature, the Fair Work Commission has ruled.

10.01.2022 A company made a health and safety representatives (HSR) role redundant based on inferior job performance during the January 2020 bushires. However, the HSR claimed adverse action due to him raising a workplace health and safety concern with WorkSafe Victoria and the Federal Court found in favour the employer manufactured the redundancy to get rid of him.

09.01.2022 Do employees accrue leave while receiving income protection payments?

09.01.2022 A father who took his son to work and photographed him sitting on a company forklift was harshly dismissed, the Fair Work Commission has ruled.

09.01.2022 Does a long-term casual employee have to give notice of resignation?

09.01.2022 Does unpaid parental leave count as service when calculating redundancy entitlements?

08.01.2022 Unfair dismissal is the most common method pursued by a dismissed employee, however there is an increasing number of general protection claims.

08.01.2022 An estimated 3.7 million Australians including casuals, contractors, freelancers, sole traders and gig economy workers dont have access to paid sick leave or other permanent employment protections. Many permanent workers have also exhausted their sick leave entitlements during the COVID-19 pandemic.

08.01.2022 A Supreme Court judge has rejected a workers claims regarding the cause and impact of her workplace shoulder injury, finding that her employer was not liable to pay her damages. Conflicting accounts of what had happened persuaded the judge to question the womans credibility and reject her version of events.

07.01.2022 The JobKeeper wage subsidy will continue until March next year, but the payments will drop to $1200 a fortnight from late September and then $1000 a fortnight from January. The JobKeeper Payment was due to finish on 27 September this year, but will now remain available for eligible employers until 28 March 2021.

05.01.2022 A beachside café and one of its directors has been charged by SafeWork SA over an incident where a young casual worker was seriously burned in August 2018.

04.01.2022 A woman who was forced to resign after being accused of spreading rumours that her boss was having an affair with a co-worker has been awarded almost $41,000 for constructive dismissal. The Fair Work Commission (FWC) described the employers conduct and management of the situation as bizarre.

04.01.2022 An employer forced to reinstate an employee it had dismissed for breaching a safety procedure has successfully appealed against that decision.

04.01.2022 Two truck drivers who had worked only for the same organisation for almost 40 years were found to be employees instead of independent contractors. What the workers actually did mattered more than what their written contracts said. This entitled them to receive leave, redundancy and superannuation entitlements. The case applied a totality of the relationship test to determine whether the drivers were employees or contractors.

04.01.2022 Are employees eligible for JobKeeper if they are on unpaid parental leave?

02.01.2022 Shut down over the Christmas/New Year period? It's time to start planning.

02.01.2022 When an employer removed a casual employee from JobKeeper after he refused to work more than his usual single shift per week, the Fair Work Commission warned that they could face a general protections claim if it did not reinstate his registration. It was, however, only a recommendation, as the FWC does not have the power to rule on such disputes.

01.01.2022 JobKeeper 2.0 will kick off on 28 September as a two-tiered, scaled-down scheme with a six-month lifespan. Find out if you are eligible for JobKeeper payments under the extension.