Workplace Law

Workplace Law News and Articles

Mar 012021
 

The Fair Work Ombudsman (FWO) and Safe Work Australia (SWA) are telling employers and employees that by and large:

  • employers will be unable to require vaccination by their employees.
  • employees will be unable to refuse to work because a colleague is unvaccinated.

Peter McNamara says: “Employers should still be aware of public health orders could require that workers in some high-risk industries be vaccinated. There are presently no such orders.”

Federal Government policy is that vaccination should be voluntary. Employers should get ready to adapt their workplace policies as the vaccine rollout commences and the government, business and union positions develop.

The FWO guidance has some standard Q&As that are useful here.

The SWA guidance is here.

Contact Peter McNamara for advice on whether you can require our employees to be vaccinated for Covid-19.

 

Nov 202020
 

Employers should be alert to current worker entitlements:  Unfair Dismissal High Income Threshold; Compensation Cap for Unfair Dismissal; Redundancy Tax Free Amount; Employment Termination Payments (ETP) Lower Tax Rate Cap; Superannuation Maximum Contribution Base; and Civil Penalties for Breaches of the Fair Work Act. Unfair Dismissal High Income Threshold From 1 July 2020, the High […]

Jul 242020
 

Although Israel Folau recently reached a confidential settlement with Rugby Australia, the termination of Folau’s contract reinvigorated debate about religious freedom for employees and their contracts. Intuitively, perhaps, employers should only be able to restrict employees’ conduct within the workplace, whether that be an office or a rugby pitch. However, this simply is not the case! The rise of social […]

May 052020
 

Employers can now subscribe to industry specific COVID-19 Safety Updates at the link here. Employers should direct those responsible to subscribe to the updates for their industry sector. The initiative arises from the National Cabinet decision to develop nationally-consistent, industry-specific work health and safety (WHS) guidance on COVID-19 through Safe Work Australia, who will have […]

Feb 182020
 

Employment lawyers are often faced with this complex legal question: do post-employment restraints survive termination if an employer breaches or repudiates a contract of employment? This issue was settled in a recent Victorian Supreme Court case that held that post-employment restraints do not survive the termination of an employment contract where an employer breaches or […]

Feb 142020
 

  Employers are responsible for making and keeping accurate employee records. Record-breaking fines have been issued to employers for contraventions of employee record-keeping obligations, such as details of overtime hours, penalty rates and loadings. A Caltex franchisee and its owner were fined $80,190 and $16,038 each for falsifying employee records of the wage rates paid […]

Jul 262019
 

In NSW, media companies are now “publishers” on Facebook. They were not until last month, when Justice Rothman handed down his decision against News Corp in the Dylan Voller case (now on appeal).  The media companies deny that they are publishers on Facebook because they don’t create or control posts on their websites, so they […]

Jul 012019
 

Employers should be alert to current worker entitlements:  Unfair Dismissal High Income Threshold; Compensation Cap for Unfair Dismissal; Redundancy Tax Free Amount; Employment Termination Payments (ETP) Lower Tax Rate Cap; Superannuation Maximum Contribution Base; and Civil Penalties for Breaches of the Fair Work Act. Unfair Dismissal High Income Threshold From 1 July 2019, the High […]