Employment Law

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Fair Work Commission intervenes to adjust JobKeeper enabling stand down direction

An employer that issued a JobKeeper enabling stand down direction, reducing an employee’s hours by 40 per cent has been ordered by the Fair Work Commission to amend the reduction to just 20 per cent.  The Commission held that the direction was unreasonable because of its “overwhelmingly precautionary” nature.¹ JobKeeper [...]

2020-07-09T15:46:27+10:00July 9th, 2020|Categories: Employment Law|Tags: , , |

No Personal or Compassionate Leave for Employees who are Stood Down

The Federal Court in its decision in Com­mu­ni­ca­tions, Elec­tri­cal, Elec­tron­ic, Ener­gy, Infor­ma­tion, Postal, Plumb­ing and Allied Ser­vices Union of Aus­tralia v Qan­tas Air­ways Lim­it­ed [2020] FCA 656, hand­ed down on 18 May 2020, has ruled definitively that employees are not entitled to be paid personal/​carer’s leave (ss.96 and 97 of the Act) or com­pas­sion­ate leave (s.105) dur­ing any [...]

2020-05-22T10:39:59+10:00May 22nd, 2020|Categories: Employment Law|Tags: , |

Parliament Grants Extraordinary Powers to JobKeeper-Eligible Employers in Response to COVID-19

Legislation passed by Parliament last night amended the Fair Work Act to give new powers to employers that are eligible for JobKeeper subsidies. The powers include the ability to direct employees to work reduced hours or days, undertake alternate duties and work at an alternate location. JobKeeper generally The JobKeeper payment [...]

2020-04-09T14:54:54+10:00April 9th, 2020|Categories: Employment Law|Tags: , , |

Coronavirus – Employee Redundancy

The Coronavirus has sent shockwaves through the Australian economy with many large employers taking steps to stand down employees on no pay for a temporary indefinite period or bring employment to an end completely on account of redundancy. Unfair dismissal Many employers understandably see the termination of some employees as [...]

2020-03-27T14:31:34+11:00March 27th, 2020|Categories: Employment Law|Tags: , , |

Workforce Options During COVID-19 Downturn

COVID-19 is an unprecedented event that is likely to significantly disrupt businesses and the economy-at-large for the foreseeable future. The situation is extremely fluid and fast-moving. This disruption and the associated reduction of revenue will result in employers needing to make very difficult decisions about their workforces in the coming [...]

2020-03-31T12:16:28+11:00March 23rd, 2020|Categories: Employment Law|Tags: , |

Corona-virus and the Implications for the Workplace

As coronavirus (COVID-19) continues to spread across the globe, employers are grappling with how best to protect and manage their employees in these very unusual circumstances. Pointon Partners has the expertise to assist your business as you deal with these difficult  issues against a backdrop of uncertainty. Listed below are [...]

2020-03-31T12:16:41+11:00March 18th, 2020|Categories: Commercial, Employment Law|Tags: , , |

Employee awarded $237,000 in damages after employer sent defamatory email to clients after termination of employee

The case of Bowden v KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig & Chapman [2019] NSWDC 98 is a cautionary tale for employees that demonstrates that employers need to exercise care and discretion when communicating to others the reason when an employee’s employment came to an end. The case [...]

2020-02-25T15:14:09+11:00February 25th, 2020|Categories: Employment Law|Tags: , , |

Gym Operators Hiring Personal Trainers – Make Sure You Consider the Options and Understand the Legal Consequences of Getting it Wrong

Gym operators hiring personal trainers –make sure you consider the options and understand the legal consequences of getting it wrongCommercial gyms may engage personal trainers to work with their clientele and add value to the overall membership experience. Gym operators need to consider their approach to engaging personal trainers to maximise [...]

2019-08-14T15:33:24+10:00August 14th, 2019|Categories: Commercial, Employment Law|Tags: , |

Changes to the Unfair Dismissal High-Income Threshold from 1 July 2019

On 1 July 2019, the high- income threshold increased and is currently $148,700 per annum.  The threshold operates to limit an employee’s eligibility to be protected from unfair dismissal as defined in the Fair Work Act 2009 (Cth) (FWA) and is adjusted annually. This means that an employee who is not [...]

2019-07-18T11:21:40+10:00July 18th, 2019|Categories: Employment Law|Tags: , |

Time is running out for labour hire providers to apply for a licence – Victorian Labour Hire Authority to manage new licensing regime

Following the introduction of the Labour Hire Licensing Act 2018 (“Act”) providers and hosts in the Victorian labour hire industry will be subjected to greater scrutiny and regulation, beginning with the requirement to obtain a licence on or before 29 October 2019. Under the threat of heavy penalties, from 30 [...]

2019-07-04T11:00:43+10:00July 4th, 2019|Categories: Employment Law|Tags: , |