Employment and Workplace Relations

Employment and Workplace Relations

Not so EZY: Employer’s accountants liable for client’s Fair Work Act contraventions

The Full Federal Court (FFC) in EZY Accounting 123 Pty Ltd v Fair Work Ombudsman [2018] FCAFC 134 has upheld a Federal Circuit Court (FCC) decision to fine an accounting firm who performed the payroll and audit function for its client.  The employer client admitted contravening the Fair Work Act 2009 (Cth) (Act) and the

Read More …

UK Tribunal Classifies Uber Drivers as Company Employees

A recent decision of a UK Employment Tribunal could have significant implications on Australia’s Uber Company, and will likely have a run-off effect on Australia’s rapidly growing “gig economy”. The Central London Employment Tribunal has given a landmark ruling that Uber drivers should be treated as employees, entitling them to statutory protections including the National

Read More …

POST-EMPLOYMENT RESTRAINTS – REAL ESTATE AGENTS

Employment agreements that contain restraint provisions against staff are often unenforceable. If the restraint is too broad or too long, or both, it will be regarded as contrary to public policy. However, a restraint is likely to be upheld if found reasonable to protect a legitimate interest of the employer. In a recent decision of

Read More …

High Court decision protects employees against ‘sham’ contract arrangements

The recent High Court decision of Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd [2015] HCA 45 has proved a timely reminder that employers must be cautious about the characterisation of “independent contracting” relationships. In its decision, the High Court found that employers cannot avoid the sham contracting provisions of the Fair Work

Read More …

Protection for small businesses from unfair contract terms

New legislation has been approved this month to protect small businesses from unfair contract terms. From the date the law comes into effect, any unfair term in a “standard small business contract” may be deemed void by a court or the NSW Civil and Administrative Tribunal. What is an unfair term in a standard small

Read More …

Managing employee performance in the age of the anti-bullying regime

On 1 January 2014, Part 6-4B of the Fair Work Act 2009 (the Act), better known as the “anti-bullying regime”, came in to force.  The changes provide those workers who believe that they are being bullied at work with the ability to apply to the Fair Work Commission for an order that the bullying cease.

Read More …

Social Media and the Workplace

The world of social media is growing exponentially, as is its impact on all stages of employment, from recruitment to post- termination. Employers who fail to keep abreast of these developments may find themselves breaching laws and/or ethical standards, either directly or through the conduct of their employees.

Read More …

Post Employment Restraints – When are they enforceable?

Post employment restraints, at one time almost exclusively limited senior executives agreements, are becoming an increasingly common feature in modern employment agreements. As the inclusion of restraint provisions in employment agreements has grown, so too has the frequency with which we are asked whether these provisions are enforceable.

Read More …