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Michael Bishop2018-06-19T01:39:43+10:00

Obtaining Biometric & Health data of employees. It is now more difficult than you think – implications of recent Fair Work decision

Lee v Superior Wood Pty Ltd (2019) FWCFB 95 The employer in question had announced the introduction of finger scanning. There were approximately 80 employees at the worksite in question and Mr Lee was the only employee not to register his fingerprints. He continued to [...]

May 17th, 2019|Categories: Employment Law|Tags: , |

Banking Royal Commission Final Report – Implications for the Financial Planning Industry

The Final Report of the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry was handed down on 4 February 2019. The Commissioner, the Honourable Kenneth Madison Hayne AC QC, outlined a number of key recommendations to address the issues identified by [...]

February 11th, 2019|Categories: Commercial|Tags: |

Casual Employment – New amendment to mitigate against ‘double dipping’ outcomes for employees

Employers have recently received some legislative support with regards to casual employees who successfully claim for accrued annual leave and other permanent benefits. As discussed in our recent article on the decision of WorkPac Pty Ltd v Skene [2018] FCAFC 131, an employee may successfully [...]

February 4th, 2019|Categories: Employment Law|Tags: , , |

Employer ordered to disgorge the total capital value of its business as a result of employees’ breach of duties they owed to their former employer

Employees owe certain duties to their employer known as fiduciary duties. These are, put broadly, the duty of loyalty and the duty not to profit. One who knowingly assists another to breach their fiduciary duties may also be held to account for gains made as [...]

December 5th, 2018|Categories: Employment Law, Litigation|Tags: , |

Changes to Long Service Leave Legislation – What you need to know

On 1 November 2018 changes to Victoria’s long service leave laws came into effect. The changes seek to provide further rights to employees and further responsibilities on employers. In essence, the amendments comprised of the following changes, which benefit Employees: Employees are now being able [...]

November 12th, 2018|Categories: Employment Law|Tags: , , |

Employee or Independent Contractor? Uber decision a useful guide for businesses

Uber has successfully argued that its drivers are independent contractors and not employees, following the Fair Work Commission’s (‘FWC’) 21 December 2017 decision of Kaseris v Rasier Pacific V.O.F. Mr Kaseris claimed he was unfairly dismissed after he had his Uber account deactivated after receiving [...]

February 19th, 2018|Categories: Employment Law|Tags: , |