News

Closing the Loopholes (No.2) – The Right to Disconnect

This is the second article in our Closing the Loopholes No 2 series. In this article we will discuss one of the major changes to workplace legislation being the Right to Disconnect. The Right to Disconnect comes into effect on 26 August 2024 for medium/large businesses and 26 August 2025 for small businesses (less than 15 employees). The right to…
Read Now

Closing the Loopholes (No.2) – Introduction and Timeline

Comprehensive Reform in Australian Workplace Relations The Closing Loopholes No. 2 legislation, which passed Parliament last month, received Royal Assent on 26 February 2024. These legislative amendments aim to rectify existing gaps in the law, fostering a more equitable and just working environment. In this article series we will give employers an overview of what the changes are and how…
Read Now

Employee was not “forced to resign” because the employer gave him “false hope”

Willetts v BUMA Australia Pty Ltd [2024] FWC 277 (1 February 2024) Facts The employee resigned in August 2023 when his application to his employer for an excavator role was rejected. The employee raised bullying complaints and filed a general protections application involving constructive dismissal, arguing that he was forced to resign. The employer’s objection was that the employee voluntarily…
Read Now

Employer’s failure to afford procedural fairness amounted to unfair dismissal

Scott Matthew Ashburner v St Marys Rugby League Club Ltd [2024] FWC 246 (30 January 2024) Facts The employer, St Marys Rugby League Club, dismissed an employee, Scott Matthew Ashburner, after he bullied, sexually harassed and swore at four female employees. The employee repeatedly swore at his colleagues and was counselled by his managers in relation to his behaviour. The…
Read Now

A well-drafted agreement protected the employer from an adverse action claim

Mr Mark Feldschuh v Strong Room Technology Pty Ltd [2024] FWC 216 (25 January 2024) Facts A former director of an AI company sought to bring an adverse action claim. His former company objected on the basis that he did not have the standing to bring the case. The applicant joined the company’s board of directors in December 2019 and…
Read Now

Analysis shows anticipated impact of Casual Conversion Laws

The Department of Employment and Workplace Relations (DEWR) has conducted an impact analysis on the effect of the proposed Closing Loopholes Part Two Bill Casual Conversion Provisions. These provisions will introduce a new definition of casual employment and a new pathway for casual conversion. Broadly speaking, casual employment will now be defined as where there is an absence of a…
Read Now
Load More

Filter By

Menu