Australian residents are not required to pay tax on the first $18,200 of their income (a “tax free threshold”). Under provisions colloquially known as the “Backpacker Tax”, those on a working holiday visa were taxed on all their income, including the first $18,200. The Federal Court of Australia has found that a British backpacker who was in Australia on a working holiday visa, was a “resident” under the relevant tax legislation and that the “Backpacker Tax” was discriminatory in contravention of the international double tax agreement between the UK and Australia because it attempted to tax foreign workers in the same circumstances as an Australian resident at a higher tax rate
Oct
25
2019
Federal Court of Australia finds that reliability and credibility issues insufficient to discharge reverse burden of proof
The Federal Court of Australia has upheld an appeal from the Industrial Magistrates Court of Western Australia, finding that an employer had failed to disprove underpayment allegations made by a pair of former visa workers that it had employed
Sep
28
2019
Australia: The Full Federal Court holds that “day” in 10 days of paid personal/carer’s leave to be given “working day” construction
The majority of the Full Federal Court of Australia has held for the purposes of section 96(1) of the Fair Work Act (Cth), that a “day” of paid personal/carers leave refers to a day of ordinary hours worked and not a notional day of 7.6 hours
Aug
27
2019
Australia: Fair Work Commission reduces compensation amount to zero for unfairly dismissed solicitor where misconduct was discovered after the termination
The Fair Work Commission has reduced to zero the compensation payable to a solicitor, found to have been unfairly dismissed from a criminal law firm, following revelations that the solicitor had misused the firm’s confidential information during and subsequent to his employment
Jul
27
2019
Australia: Full Bench quashes ruling that CCTV footage of employee’s serious misconduct was inadmissible
The Full Bench of the Fair Work Commission has quashed a Commissioner’s ruling that an employer’s installation of CCTV devices failed to comply with the Workplace Surveillance Act 2005 (NSW) and that the CCTV footage it had obtained had been illegally or improperly obtained. The Full Bench held that the recording was authorised by the Act and the evidence so obtained should not have been automatically excluded
Sep
17
2019
Harmers Workplace Lawyers Webinar: “Under Pressure”: Strategies For Dealing With Mental Health In The Workplace
Date: Tuesday 17 September 2019 – 1pm to 2pm AEST
In this webinar, we will provide an overview of employer obligations when managing mental health issues in Australian workplaces, including: understanding key elements of WHS and discrimination law as relevant to mental health; the importance of developing and implementing a comprehensive mental health policy; providing a supportive culture and working environment to accommodate staff with mental health issues; and your obligations when it comes to providing flexible work options as well as providing reasonable working hours and breaks to ensure the mental health of your workforce.
Speakers
- Paul Lorraine, Executive Counsel & Team Leader
Date and time:
September 17, 2019 1:00 pm
-
2:00 pm
(AEDT)
Aug
20
2019
Harmers Workplace Lawyers Webinar: It’s Hard To Say Goodbye: Avoiding The Pitfalls Of Executive Terminations
Date: Tuesday, August 20, 2019 – 1pm to 2pm AEST
In this session Paul will outline: how to ensure termination payments to executives comply with Australian corporations law obligations; how to ensure that your business goodwill, proprietary interests and confidentiality is protected when key executives leave by having in place appropriate restraint clauses in contracts; and how to avoid and minimise prospects of an exiting executive successfully pursuing legal action
Speakers
- Paul Lorraine, Executive Counsel & Team Leader
Date and time:
August 20, 2019 1:00 pm
-
2:00 pm
(AEDT)
Jun
25
2019
Australia: Important Reforms To The Law Governing “Whistleblowers”
Corporations—particularly public companies and large proprietary companies—will need to be aware of recent amendments to the corporations (and taxation) legislation that give greater protection to “whistleblowers” (those that make disclosure of corporate wrongdoing and breaches of the taxation laws). These changes impose additional duties on corporations to have mechanisms in place to deal with such disclosures. The legislation (Treasury Laws (Enhancing Whistleblower Protections) Act 2018) received Royal Assent in March this year, but the provisions affecting the Corporations Act 2001 (Cth) will take effect on 1 July 2019. Importantly, as noted below, there are obligations to have an appropriate policy dealing with whistleblowing in place before 1 January 2020. Because liability for breaches of the amendments can run before 2020, it is recommended that companies covered by the legislative amendments act as soon as possible to implement a policy and ensure compliance with the legislation
Jun
25
2019
Australia: Bakery franchise ordered to pay $249,000 to a temporary visa worker for underpayment and “cashback payment” arrangement
The Federal Court of Australia has ordered that an employer and its two managing directors pay a former employee, who had been working on a temporary visa, a total of $249,000 in compensation and pecuniary penalties, for contraventions of the Fair Work Act 2009 (Cth)
Jul
24
2019
Webinar: Australia – The legal quandary of the intern – know your obligations
Date: Wednesday, July 24, 2019 – 1pm to 1.30pm AEST
In this session, Emma Pritchard will cover obligations for employers in Australia when considering utilising unpaid interns, in order to prevent exposure to significant back pay claims and potential penalties
Speakers
- Emma Pritchard, Executive Counsel & Team Leader
Date and time:
July 24, 2019 1:00 pm
-
1:30 pm
(AEDT)