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The ‘Gig’antic Changes Coming Our Way - Deliveroo Rider Not An Employee

Last year has seen an emerging trend where judges are evolving and changing the way we identify and categorise principal-contractor relationship and employer-employee relationship.   In the aftermath of the High Court judgments earlier this year, including Construction, Forestry, Maritime, Mining And Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 (Personnel Contracting) and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (Jamsek)), we are seeing rapid changes in judges’ view on these commercial relationships.  
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Prevention is always better than a cure – Increased protection in the workplace for sexual harassment

The Commonwealth Government has been under considerable pressure for months to step in to respond to several high-profile incidents of sexual harassment. The recent tabling in the Commonwealth Parliament of a Bill with a raft of amendments to Commonwealth sexual harassment legislation provides additional options for employees to take action in relation to occurrences of sexual harassment. These options are both preventative and potentially much less expensive.
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Omnibus Bill: The end of ‘double dipping’

Following the decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (Rossato Decision), many casual employees in Australia were likely to have been categorised as permanent employees, on the basis that they:
Blog

Christmas comes early: Casual Loading Offset Regulation 2018 passed

Yesterday, in response to the decision in Workpac v Skene (the Workpac Decision),[1] the Government brought into effect the Fair Work Amendment (Casual Loading Offset) Regulation 2018 (the Regulation).  
  • 19 Dec 2018

Blog

If an employee cannot carry out their job, does an employer have to allow them in to work?

For those who have the privilege of reading Fair Work Commission (FWC) decisions, they can be forgiven for believing that, in that domain, employees are frequently free from the consequences of their poor (or worse) decision making.
Blog

Abandonment of employment – some best practice tips

We are regularly asked to advise employers in relation to whether certain circumstances amount to abandonment of employment and, if so, what are the employer’s rights and obligations.
  • 1 Mar 2017

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