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False sick leave claims - grounds for instant dismissal? business employment law fair work unfair dismissal Apr 30, 2025

In the recent case of Mitchell Fuller v Madison Branson Lawyers Pty Ltd [2025] FWC 784, the Fair Work Commission (FWC) has provided clear guidance on serious misconduct, honesty in employment, and the application of the Small Business Fair Dismissal Code. This case serves as a strong reminder that e...

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Understanding the Upcoming Changes to Casual Conversion Laws: A Guide for Small Business Owners business employment law fair work act Feb 26, 2025

As a small business owner, staying informed about legislative changes that affect your workforce is crucial. One significant update on the horizon pertains to casual employment and the pathways for casual employees to transition to permanent roles.

Firstly, the definition of casual employee (as per...

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Unfair Dismissal and Genuine Redundancy: Janus v Red Star Gold Coast Pty Ltd business employment law fair work act fair work commission unfair dismissal Oct 09, 2024

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 busine...

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10 things you may not know about unfair dismissal business business law employee rights employment law fair work act fair work commission unfair dismissal Sep 10, 2022
  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 “fair go al...
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What is reasonable overtime? business employment law fair work commission overtime penalty rates Feb 05, 2020
  • 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 been unfairly dis...

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Things to think about when operating a business with employees business employee rights employment law Nov 26, 2019

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 party’s obligat...

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The importance of keeping accurate employment records business employee rights employment law Nov 18, 2019

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 months.

A small business e...

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Restraints of trade in contracts of employment business employment law restraint of trade May 07, 2019

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 enforceab...

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Sham contracting – are your independent contractors really employees? And entitled to be paid as such? business employee rights employment law sham contracting Nov 13, 2018

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 orders for the pay...

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Sham contracting - are you a contractor or an employee? business contracting employee rights employment law sham contracting Mar 23, 2018

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). Unfortu...

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What is workplace bullying? business employee rights employment law workplace bullying Sep 21, 2017

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 unreasonab...

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What happens to employees when a business is sold business business sale employee rights employment law Sep 01, 2016

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
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This blog provides general information and should not be construed as legal advice. Laws may have changed since the publication of this content. We recommend consulting with a qualified legal professional to ensure compliance with current legislation and to address specific circumstances.