New Criminal Provisions for Underpayment

From 1 January 2025, intentional underpayments of wages or entitlements are a criminal offence, under new amendments to the Fair Work Act 2009 (Cth) (the Act).  The New Criminal Provisions Under the amendments, it may be an offence if an employer: is required to pay an amount to, on behalf of, or for the benefit of,

15 January 2025|Legal Alert|

New obligations for employers under the Return to Work Act 2014 (SA)

The South Australian Parliament has passed a Bill to amend the Return to Work Act 2014 (SA) (the Act). This includes significant changes to the obligation to provide ‘suitable employment’ to injured workers. Requesting Suitable Employment The Act will now require: workers to notify their employer of their request for work, outlining the types of work

25 November 2024|Legal Alert|

EMA Legal – Announcement

EMA Legal is pleased to announce that Craig Stevens (Consultant Solicitor) and Sophie Katsaros (Associate) have joined EMA Legal.  We are proud of our people and excited to bring their talents to our team. Craig Stevens – Consultant Solicitor Craig is an experienced senior lawyer who has made a strong contribution to legal services for the

22 October 2024|Announcements, Legal Alert|

Changes to cost orders in the Human Rights Commission Act

On 19 September 2024 the Commonwealth Parliament passed a Bill to amend the Human Rights Commission Act 1986 (Cth) (the Act) that alters how the courts are to make cost orders in anti-discrimination proceedings (Bill).[1] The Bill drew on recommendations made in the Australian Human Rights Commission’s Respect@Work Report 2020 (Report) surrounding sexual harassment in the

17 October 2024|Legal Alert|

The Federal Court of Australia makes interim reinstatement orders to preserve the exercise of a prospective right to claim unfair dismissal

The case of Dabboussy v Australian Federation of Islamic Councils (link below) is summarised in this Alert and is a significant indicator of the Court’s preparedness to preserve the exercise of prospective rights by employees.  In this case, the right concerned the imminent ability to claim unfair dismissal on conclusion of a minimum employment period.  In

30 September 2024|Legal Alert|

Review of C14 and C13 rates in modern awards

The Fair Work Commission (FWC) is currently undertaking a Review of modern awards containing a rate of pay at the ‘C14’ level (currently $891.50 per week or $23.46 per hour) or below the ‘C13’ level (currently $915.90 per week or $24.10 per hour) which applies other than on a transitional basis. Background The FWC has issued

16 September 2024|Legal Alert|
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