2020 Employer Takeaways

Following the unpredictable and complex nature of the 2020 employment landscape, our office has compiled some ‘best practice tips’ to help employers venture into the new year with confidence and understanding. TIP 1: Save money in the long run by investigating employee concerns Failing to investigate employee concerns can be costly. One employer learned this … Read more

Federal Court rules that Qantas aircraft engineers stand-downs was reasonable

Case: Qantas Airways Ltd v Australian Licensed Aircraft Engineers Association (No 3) [2020] FCA 1428 Qantas Airways have had a significant win against the unions this week with the Federal Court ruling that the airlines decision to stand down hundreds of aircraft engineers without pay during the COVID-19 pandemic was due to no fault of the airline. … Read more

Don’t Cough in the Nurse’s Face

This is a case note on when a cough during COVID-19 can lead to an unfair dismissal? See: Hooshmand v Cater Care Australia Operations Pty Ltd [2020] FWC 4371 On 27 March 2020, as the risk of a COVID-19 pandemic in Australia became heightened, Mr Hooshmand (‘the employee’) arrived to work for Catering Care Operations … Read more

Sorry Not Sorry! Employer Protection for Apologies and Expressions of Regret

The Workers’ Compensation and Rehabilitation Act 2003 (the Act) establishes a workers’ compensation scheme for Queensland – providing benefits for workers who sustain an injury in their employment. The Act outlines employers’ obligation to be covered against liability for compensation and damages either under a WorkCover insurance policy or under a licence as a self-insurer.[1] … Read more

Understanding JobKeeper Enabling Direction

JobKeeper is a wage subsidy scheme designed to help keep Australian in jobs and support businesses affected by the significant impact of COVID-19. The scheme is governed by the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 and associated rules. What is a ‘jobkeeper enabling direction’? The Coronavirus Economic Response Package Omnibus (Measures No. … Read more

‘Casual chaos’ – Federal Court redefines ‘casual’ employee – the implications for business owners with a casual workforce

Case: WorkPac Pty Ltd v Rossato [2020] FCAFC 84 (‘Rossato’)  Date of judgement: 20 May 2020  Background  The engagement of casual employees has been a hot topic in the employment sector during recent years.  A recent decision of the Full Federal Court leaves employers with a casual workforce open to substantial risk of claims being made by their casual staff for backpay of entitlements and seeking future entitlements previously available only to permanent staff.   On 20 May 2020, the Full Federal Court handed … Read more

Can paid personal and carers’ leave be accessed whilst stood down due to COVID-19?

Case: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia & Ors v Qantas Airways Limited [2020] FCA 656  Date of judgement: 18 May 2020   Proceeding one: Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Workers’ Union and the Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union   Outcome: Application dismissed   … Read more

JobKeeper Updates for Religious Practitioners and NFPs – As at 27 April 2020

On Friday 24 April, the Federal Treasury provided further clarification on the JobKeeper scheme and its application to specific groups throughout Australia. These updates follow after already 400,000 Australian businesses have enrolled in the JobKeeper scheme, providing further income to almost 2.4 million Australians. Amongst these Australians are employees of not-for-profit charities and practitioners of religious institutions who will be affected by the Treasury’s new updates.  Religious Practitioners  Prior to this announcement, many religious practitioners were facing difficulties … Read more