By now we are all aware of the outcome of the Fair Work Commission’s annual wage review decision. We have summarised the decision and have answered some of the questions we have received. The Decision: The Commission announced a 5.2% increase to the national minimum wage, bringing it […]
Compensation has been ordered for an aged care employee who was summarily dismissed by their employer for not wearing a face mask correctly. The employer, an aged care home, was audited by the Aged Care Quality and Safety Commission. During the audit, the appointed inspectors saw […]
The Full Bench of the Fair Work Commission has provisionally approved the entitlement of paid family and domestic violence (FDV) leave for employees covered by Modern Awards. In the decision, which is part of the four-yearly review of Modern Awards, the Full Bench considered whether a variation of Awards […]
The importance of procedural fairness has been highlighted in the recent unfair dismissal judgment of Ning Li v PPD Australia Pty Ltd [2022] FWC 496. The employee, a senior import & export coordinator for PPD Australia, was first given a verbal warning following three complaints from female job […]
The term ‘fully vaccinated’ is being phased out in regards to COVID-19 vaccines, with ATAGI now recommending the use of ‘up to date’ and ‘overdue’. Since the introduction of public health orders relating to vaccines in late 2021, the term ‘fully vaccinated’ has been used as […]
The procedural fairness demonstrated by two employers has been recognised, in two recent decisions involving employees who had unsuccessfully sought exemptions from being vaccinated against COVID-19. Edwards v Regal Cream Products Pty Ltd [2022] FWC 257 In the first case, an unvaccinated employee (Edwards) was dismissed […]
The High Court has handed down two significant judgments in relation to independent contractor arrangements. Both decisions highlight the need for contractual terms to determine working relationships and the primacy of contractual terms. CFMMEU v Personnel Contracting [2022] HCA 1 In the first case, the CFMMEU […]
The Fair Work Commission has published its first decision relative to a claim using the new anti-sexual harassment jurisdiction, in a judgment delivered on 24 December 2021. The Applicant, THDL, sought an order against two employees of a neighbouring company which conducted its business in shared […]
On Monday evening SA Health announced a vaccination mandate for passenger transport services operating from the airport. From 25 November 2021, all ‘point to point drivers’ (for example, drivers of taxis or ride-share vehicles) must not transport passengers to or from an airport unless they have […]
The Fair Work Commission and Federal Court of Australia have both refused to give an order to block a vaccine mandate while proceedings surrounding the lawfulness of the mandate take place, in two different proceedings currently underway. CFMMEU v Mt Arther Coal Pty Ltd T/A Mr […]
© EMA Legal
Liability limited by a scheme approved under Professional Standards Legislation.
