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In Short Negative leave balances can arise when employees take more leave than they have accrued. Employers are not legally required to offer negative leave but may do so as [...]

Background In certain circumstances the demotion of an employee can trigger the termination of their employment and allow them to bring an unfair dismissal claim. A recent decision of the [...]

For two years, restrictions and lockdowns have kept workplaces empty. However, the easing of restrictions across Australia has seen employees return to the workplace and offices comeback to life. This [...]

Introduction Australia is exposed to a unique range of natural disasters than can occur year-round including droughts, floods, earthquakes, tropical cyclones and bushfires. Natural disasters can have a devastating impact [...]

Post-employment restraints In an employment context, post-employment restraints seek to protect an employer's business by preventing employees from engaging in a range of competitive activities during, and after, their employment. [...]

Last week Joydeep Hor, Founder and Managing Principal of People + Culture Strategies ('PCS'), hosted a webinar - '2022: Here We Go Again!'. Joydeep shared his insights about the key [...]

A decision of the Fair Work Commission (the 'FWC') has provided guidance as to the ability of employers to take disciplinary action against employees who refuse to return to work [...]

Background The High Court of Australia (the 'HCA') has handed down two judgments confirming that, provided there is a valid contract, contractual terms will determine whether an individual is an [...]

Introduction A recent decision of the Fair Work Commission (the 'FWC') provides greater clarity for employers in relation to whether collecting sensitive information from employees regarding their vaccination status is [...]

Introduction As we see many businesses returning to their offices after lengthy periods of working from home due to the COVID-19 pandemic, employers are likely to receive an increase in [...]

Introduction The Fair Work Act (2009) (the 'FW Act') permits employers to reduce an employee's payments in the event that they engage in a partial work ban, subject to the [...]

Introduction Under the Fair Work Act 2009 (the 'FW Act'), employees can engage in protected industrial action when they are negotiating on a proposed enterprise agreement which is not a [...]

The Fair Work Act (2009) (the 'FW Act') prohibits a person from contravening a term of an enterprise agreement. A recent decision of The Federal Court of Australia (the 'FCA') [...]

Introduction An employee may be summarily dismissed if their employer has reasonable grounds to establish serious misconduct. The Fair Work Commission (the 'FWC') recently held an employer did not unfairly [...]

The hospitality industry has been significantly impacted by the COVID-19 pandemic, with many businesses facing a stoppage of work as a result of government-mandated lockdowns, and having a subsequent shortage [...]

Introduction Under the Fair Work Act (2009) (the 'FW Act') the Fair Work Commission ('FWC') has the discretion to order the reinstatement of an employee who has been unfairly dismissed. [...]