Employment disputes can often hinge on technicalities, with the line between lawful redundancy and unfair dismissal being particularly nuanced. In the case of Janus v Red Star Gold Coast Pty Ltd, a couple employed as motel managers found themselves out of work following a restructuring of the...

1. The laws relating to unfair dismissal attempt to balance the needs of the business and the needs of employees, and establish procedures for dealing with unfair dismissal that are quick, flexible and informal, and address the needs of employers and employees. The aim is to ensure that a “...

• Do you have employees in your business?
• Are they expected to work outside of their set hours?
• Do you know what the law says in relation to this kind of overtime?

The Fair Work Commission has ordered an employer to pay eight weeks’ wages to an apprentice who was found to have...

As an employer, it is important that when you hire new employees, and as their employment changes, you set out clearly – and in writing – your expectations of them, and their responsibilities. Not only will this assist in managing expectations, but it may be important to clarify each...

In order to make a claim for unfair dismissal, one of the pre-conditions to be satisfied is that the employee must have served the statutory minimum employment period – for those engaged by a “small business employer”, the minimum period is 12 months.  For others, it is 6...

Restraints of Trade, often included in contracts of employment, are a valuable tool for employers to ensure that their commercial and competitive interests are preserved after the employee/employer relationship ends. However, it is important if you intend to include a restraint, that it be...

Section 357(1) of the Fair Work Act 2009 (Cth) states that an employer must not represent that a contract of employment is a contract for services under which the individual performs work as an independent contractor, otherwise the employer is at risk of the employee seeking Court...

There are significant financial and managerial benefits for businesses relying on a workforce which consists of independent contractors (who can be engaged as required depending on the workload), rather than employees (who are engaged on a more permanent basis, irrespective of the workload)....

Workplace bullying takes place if:

• a person or group of people repeatedly act unreasonably towards a worker or a group of workers - such as victimising, humiliating, intimidating or threatening; and
• the behaviour creates a risk to health and safety.

Whether or not such behaviour is...

It is commonly thought that when a business is sold, particularly if it is described as being sold as a "going concern", the employees will continue to work in the business, although under a new owner.

This is not necessarily the case.

When there is a transfer in ownership of the business:

• the...

We have all heard of the saying – “be proactive, rather than reactive” – but what does that actually mean, particularly when you are talking in the context of a business? It means taking steps sooner rather than later to avoid issues arising, rather than only taking steps...

The annual work Christmas party is usually the one and only opportunity for workmates to really let their hair down, socialise away from the usual constraints of work and celebrate the festive season … a celebration which unfortunately has the potential to result in a...