On 18 May 2020, Justice Geoffrey Flick dismissed a union-led bid to have Qantas workers paid sick leave during the period of stand-down. In mid-March 2020, 20,000 Qantas employees were stood-down in response to the coronavirus pandemic. Since this time, these workers...
Employment Law
COVID-19 Witnessing Of Documents
The pandemic has raised some real practical difficulties around signing and witnessing legal documents because of strict social distancing rules in place to protect us all. In order to facilitate and decrease the need for face to face contact for the witnessing of...
Full Bench of Fair Work Commission Confirms Uber Drivers are Not Employees
On 21 April 2020, the Full Bench of the Fair Work Commission upheld that the 60,000 drivers contracted by Uber are not employees of Uber. The appeal had been brought by the Transport Workers Union, who argued that Mrs. Gupta, a former UberEats driver, was an employee...
JOBKEEPER SOLUTION EXPLAINED
"JobKeeper" – $130 billion to the rescueUnfolding day-to-day, businesses are being required to respond to the unprecedented challenges of COVID-19. Following CLW’s update last week setting out the various alternatives to terminating an employee’s employment as a...
“Non-Essential Services” – Termination, stand-downs and next steps for employers
Following the announcements of Scott Morrison and the various State and Territory leaders on 22 March 2020, a host of closures and restrictions on "non-essential services" including in cafes, restaurants, gyms, pubs, clubs and places of worship has been announced. ...
Australia Natural Disaster Relief – What are the rights and entitlements of volunteers?
Andrew Knox is a volunteer fire fighter, who according to BBC News, dropped his ordinary life to fight the fires which have ravaged New South Wales recently. The New South Wales Rural Fires Services claims to be "the world's largest volunteer firefighting...
Little “Wiggle” room as an unfair dismissal claim dismissed by Fair Work Commission
The Fair Work Commission has recently ruled in an unfair dismissal case brought by an employee of a Toyota Dealership who faked a sickie to take his son to see the Wiggles. On 28 June 2019, Mr Mamo took personal leave to allegedly care for his sick son. In actual fact...
What Does a Day of Paid Personal Leave Mean?
Employers and employees will be well aware that under section 96 of the Fair Work Act employees are entitled to 10 days of paid personal/ carer's leave for each year of service, accrued progressively during the year according to the employee's ordinary hours of work....
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