On April 29, 2019, the Labour Hire Licensing Act 2018 (“the Act”) came into effect. From this date onwards, labour-hire providers will have a six-month transition period to apply for a licence under the Act’s Labour Hire Licensing Scheme (“Scheme”). From October 30, 2019 onwards, substantial penalties will apply to labour hire providers who do not have a licence or a licence application pending and to businesses that use unlicensed providers
May
29
2019
Australia: “Unlawful” and “unreasonable” to direct employee to submit to fingerprint scanner: Full Bench of the Fair Work Commission
The Full Bench of the Fair Work Commission has ruled that a casual general factory hand employed by a sawmill operator had been unfairly dismissed, finding that the sawmill operator had unlawfully and unreasonably directed the factory hand to consent to submit to fingerprint scanning, which would have monitored and tracked his attendance at the worksite
Apr
27
2019
Australia: Federal Court of Australia Dismisses Lawyer’s Disability Discrimination Claim Against Former Legal Practice
The Federal Court of Australia has dismissed a lawyer’s claims for disability discrimination and victimisation against his employer, a small specialist family law legal practice, finding that the legal practice had afforded the lawyer “reasonable adjustments” when he returned to work after a period of absence following a major depressive episode
Apr
03
2019
L&E GLOBAL’S EMPLOYMENT LAW OVERVIEWS 2019-2020 GLOBAL EDITION
Even in the era of far-reaching international trade agreements and regional economic and political partnerships, the majority of laws and regulations governing the workplace are still determined by the individual countries where employees work.
Spanning 6 continents, L&E Global’s member firms are ideally situated to provide clients with pragmatic, commercial advice necessary to achieve their objectives. Our members work closely with corporate, legal, human resources departments and corporate executives across a variety of sectors and industries to address the strategic and tactical issues that arise in the workplace.
Discover the most important labour and employment rules, regulations and best practices specific to each jurisdiction, conveniently together in one place.
Mar
27
2019
Australia: Fashion start-up fined $274,000 for employee and “intern” underpayments, failing to comply with regulatory investigation
A fashion start-up company has been fined $274,278, with an additional penalty of $54,855 personally imposed on the company’s managing director for failing to pay three employees their proper Award rates and for failing to comply with an investigation of the Fair Work Ombudsman
Mar
27
2019
Australia: Company directors held to be personally liable as accessories to corporate respondents’ underpayment of employees in the Federal Circuit Court of Australia
The Federal Circuit Court of Australia recently ruled that two company directors were personally liable as accessories to the corporate respondents’ contraventions because they were “involved”, within the meaning of section 550 of the Fair Work Act 2009 (Cth) (FW Act), in the underpayment of employees. The two directors were “involved” because, despite the fact that they relied on others to perform day to day human resources functions, they knew the employees were not being paid their wages or salaries as they should have been. The question of penalties payable by the two directors is yet to be determined. This decision serves as a timely reminder of the potential personal liability that managers can face with contraventions to Australia’s workplace relations laws
Feb
26
2019
Australia: Employees cannot be required to work “split-shifts” under Airline Award: Federal Court of Australia
The Federal Court of Australia has ruled that an employer cannot require an employee to work a “split-shift” under the Airline Operations – Ground Staff Award 2010. In doing so, the Federal Court has also held that rostering an employee on for more than one period of paid work within a 24-hour period impermissibly constituted a split-shift under the Award
Dec
13
2018
Australia: New legislation about domestic violence leave
On 12 December 2018, the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (Act) came into effect.
Dec
13
2018
Australia: Executive Dismissed “Because of” Mental Disability: Federal Court of Australia
The Federal Court of Australia has held that a global payments management company engaged in adverse action against a client executive “because of” his mental disability, when it dismissed him for reasons that included “serious concerns about [his] capacity to return to work” whilst he was on sick leave for work stress and depression.
Nov
28
2018
Australia: Employer Unable to “Offset” Penalty Rates and Overtime Payments Against Higher Base Salary
The Federal Circuit Court of Australia has held that an account manager was entitled to overtime and weekend penalty rates despite being paid an annualised salary that exceeded the corresponding minimum rate of pay prescribed under the relevant Modern Award.