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Physiotherapist recognised as an employee – free to pursue unfair dismissal

A physiotherapist who lodged an unfair dismissal application with the Fair Work Commission (FWC) has passed the first hurdle after the FWC found that he was an employee, not an independent contractor.  The FWC’s judgment in Mark Mitchell v Uraidla Physio (U2017/625) [2017] FWC 2476 co
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Workplace Relationships … Does your business need a Disclosure Policy?

The two recent resignations by male AFL executives who had affairs with lower ranked female employees has highlighted a complex yet growing issue for businesses in Australia and around the world. Whilst most employers and HR managers in Australia simply ignore the issue taking a ‘don’
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Are you paying your employees correctly? … Avoid an investigation by the Fair Work Ombudsman

Recently the Fair Work Ombudsman (the Ombudsman) has been investigating a spate of underpayment of wages and overtime claims (Claims) and has commenced investigations into these Claims and the businesses allegedly perpetrating them. Who is the Ombudsman and what are their powers when
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Employees V Contractors and the Entitlement to Superannuation Payment

A recent case before the Federal Court of Australia, Farnan v Insurance Logic Pty Ltd & Anor [2017] FCCA 595, provided a useful restatement of the key differences between employees and independent contractors.  The Court also considered whether independent contractors are entitled
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Casual Employment Arrangements Due For A Check-up Following Fair Work Commission’s Review Of Modern Awards

If you are an employer, the recent decision of the Fair Work Commission (Commission) is likely to affect the way that you manage your staff. The Commission’s decision – 4 yearly review of modern awards – Casual employment and Part-time employment [2017] FWCFC 3541 – will affect 85 mod
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Restraint Of Trade Dispute Ends In Settlement Between Freehills And Its Former Partners

A bitter dispute over a restraint of trade clause has recently been settled between Herbert Smith Freehills lawyers (“Freehills”) and a cohort of its former partners, highlighting the importance of restraint clauses in the increasingly competitive market for legal services in Australi
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Changes to the Unfair Dismissal High Income Threshold from 1 July 2017

From 1 July 2017, the high income threshold has increased to $142,000 per annum. What is the significance of the high income threshold? Under the Fair Work Act 2009 (FWA), an employee who is not covered by a modern award or enterprise agreement and whose ‘annual rate of earnings’ exce
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Employee’s Restraint Of Trade Voided By Employer’s Non-Compliance With Contract

Restraints of trade in employment contracts may be difficult for an employer to enforce if they have not performed their contractual obligations. This was made clear in a recent decision by the Supreme Court of Victoria (SCV) in a contractual dispute between Crowe Horwath (Aust) Pty L
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Selling a Business and the Transfer of Employee Entitlements

The sale of a business involves the transfer of particular assets of the business from the Vendor to the Purchaser.   This may include, amongst others, goodwill, plant and equipment, stock, intellectual property, licences, registrations, contracts and leases.   In addition to this, th
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Warning to employers: liability for injuries sustained by workers may extend far beyond the workplace

Employers may be found liable for injuries to their employees or contractors that occur long after a work shift has ended and hundreds of kilometres from the workplace. Such was found to be the case in Kerle v BM Alliance Coal Operations Pty Limited & Ors [2016] QSC 304. In that d
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