In a decision reinforcing the need for employers to maintain timesheets, the Federal Court of Australia has more than doubled the restitution a Lodge in Margaret River must make to two former employees. This month’s ruling by Justice Craig Colvin follows another...
In the News Last week we saw a major case where a magistrate in the Industrial Magistrate Court found against an employer who had underpaid an employee and was found to be non-compliant with modern awards. In determining the relevant classification under which an...
In the News Last week we have seen an increased number of Constructive Dismissal cases present themselves. What is Constructive Dismissal? Constructive Dismissal occurs when an employee resigns and then claims that the employer made it impossible for them to stay in...
The Fair Work Ombudsman has ruled that from 1 December 2018 modern awards will include new rules about requests for flexible work arrangements. Before responding to a request from an eligible employee, an employer must first discuss the request with them to try to...
Award Reviews – Does this effect your business?? The Fair Work Commission reviews all Modern Awards every four (4) years pursuant to Section 156(2) (a) of the Fair Work Act. Part of the ‘Review’ included a number of Clauses contained within Awards which have been...
“A breach of contract is an actionable legal wrong, but a valid variation of a contract does not constitute a breach of contract at all. This is because a variation to the terms of an existing contract requires the parties to the contract to agree to any alteration of...
