Unwrapping the Gift of Overtime: An Employer’s Right to Request Public Holiday Work

On 28 March 2023, a Full Federal Court decision has held that employers cannot rely on enterprise agreements or contracts requiring employees to work on public holidays. The case of CFMMEU v OS MCAP Pty Ltd [2023] FCAFC 51 has shown that contracts which “require” an employee to work on [...]

2023-04-17T13:12:15+10:00April 17th, 2023|Categories: Employment Law|Tags: , |

Pointon Partners Employment Law Seminar: Current Hot Issues in Employment Law

On Wednesday 29 March 2023, our employment team hosted a seminar on current hot issues in employment law today. The following topics were covered: Sexual Harrassment; Pay secrecy clauses; Fixed Term Contracts; and Flexible Working Arragements. If you have any queries regarding the above topics please do not hesitate to [...]

2023-03-30T14:54:57+11:00March 30th, 2023|Categories: Employment Law|Tags: , |

Replacing the Existing Leave Entitlement: Paid Family and Domestic Violence Leave

In Australia, the Fair Work Act 2009 (Cth) (FWA) grants employees various leave entitlements. One such entitlement involves section106A of the FWA which grants an employee five days of unpaid family and domestic violence leave each year. However, section 106A and other provisions relating to family and domestic violence leave has [...]

2023-01-12T15:20:05+11:00January 12th, 2023|Categories: Employment Law|Tags: , |

Significant changes ahead for Paid Parental Leave

Families should be pleased to learn that the Federal Government has recently announced major changes to the Paid Parental Leave Scheme (PPL), with the Government committing approximately $531.6 million over the course of 4 years to make these changes. The Current Scheme The Paid Parental Leave Scheme enables parents to [...]

2022-11-24T12:09:00+11:00November 24th, 2022|Categories: Employment Law|Tags: , |

Employers bear the onus to prevent sexual harassment under new legislation

In June 2018, the Sex Discrimination Commissioner, Kate Jenkins, and then Minister for Women, the Hon Kelly O'Dwyer, announced a National Inquiry into Sexual Harassment in Australian Workplaces to examine the prevalence, nature, drivers and reporting of sexual harassment, current legal and regulatory framework, and the impact of sexual harassment [...]

2022-10-04T12:23:44+11:00October 4th, 2022|Categories: Employment Law|Tags: , |

Significant General Protections Damages Award

The Federal Court of Australia has recently ordered an account of damages to be paid to a senior-employee of Hawkesbury Race Club, Mrs Leggett, due to the bullying and harassment resulting from her employment. This case highlights consequences that result from overbearing and harassing management of staff and how injured [...]

2022-09-09T10:02:44+10:00September 9th, 2022|Categories: Employment Law|Tags: , , |

Potential Legislative Reforms for Non-Disclosure Agreements

The Victorian Government is taking steps to prohibit the use of Non-Disclosure Agreements, sometimes called “gag orders”, to silence employees. This landmark decision comes as the State’s Ministerial Taskforce on Workplace Sexual Harassment released 26 recommendations for the Government to implement in response to growing demand for reform in regard [...]

2022-08-23T15:47:19+10:00August 23rd, 2022|Categories: Employment Law|Tags: , |

Pointon Partners Employment Law Webinar: Key issues for the new financial year

Please join us as our employment lawyers Michael Bishop, Amelita Hensman and Ben Drysdale discuss the key employment issues likely to impact your business in the new financial year, including: Returning to work – employer and employee obligations Vaccinations Superannuation changes Engaging independent contractors, part-time employees & casual employees Changes to [...]

2022-06-17T17:10:34+10:00June 17th, 2022|Categories: Commercial, Employment Law|Tags: , , |

Issuing of Formal Directions re Mandatory Vaccination of Authorised Workers

Late last week the Victorian Government released the formal Directions underpinning its announcement the prior week that those Victorian workers who had been classified as “authorised workers” during the pandemic would be required to be vaccinated in order to continue working. These Directions are framed in a similar way to [...]

2021-10-11T13:26:04+11:00October 11th, 2021|Categories: Employment Law|Tags: , , |

Return to work/office for fully vaccinated workers – requesting evidence of an employee’s vaccination status

We note that as part of the Victorian Government’s Roadmap for the easing of restrictions released several weeks ago it announced that once 80% of the community is fully vaccinated (anticipated to be around 5 November) then staff who have been working from home will be able to return to [...]

2021-09-28T10:33:14+10:00September 28th, 2021|Categories: Employment Law|Tags: , , |
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