By: Sian Gilbert and Dexter Cabal At a glance From 26 August 2024, employees of organisations that employ 15 or more people will have a ‘right to disconnect’ outside of their normal working hours, unless their refusal is unreasonable. Employees of small business employers will have the right to disconnect from 26 August 2025. Whether an […]
By: Sian Gilbert, Dexter Cabal and Rebekah Johnson At a glance A growing number of Australian workplaces are now offering flexible public holidays to recognise the diverse backgrounds, cultures and values of employees. These holidays are offered in lieu of public holidays currently on the calendar. However, there are limitations around this initiative depending on the […]
By: Sian Gilbert and Dexter Cabal At a glance Since the COVID-19 pandemic, many employers have continued supporting working from home as part of the flexible working arrangements they offer. Others have been promoting return to office practices. The Fair Work Commission (Commission) is currently undertaking a review and consultation process to ascertain whether changes […]
By: Sian Gilbert, Dexter Cabal and Sarah Moore Complainant 202258 v Southern Restaurants (VIC) Pty Ltd (Discrimination) [2023] ACAT 57 At a glance On 25 September 2023, the ACT Civil and Administrative Tribunal delivered what is believed to be the first finding in Australia of discrimination on grounds of breastfeeding in the workplace, in […]
By: Sian Gilbert, Dexter Cabal and Atticus Saunders At a glance From 6 December 2023, employers will no longer be able to use a fixed term contract that has a period longer than 2 years or extend the fixed term contract more than once. There are several exceptions that may apply; however, anti-avoidance provisions will […]
At a glance The Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced on 4 September, and has since had several second reading debates. In determining the contractor versus employee distinction, the Bill emphasises a broader, more flexible approach in determining the true reality of a working relationship. It also highlights that the totality […]
On 4 September, the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 was introduced to Parliament. The Bill, which forms part of a wave of proposed workplace changes, aims to close loopholes that undermine pay and conditions and to improve work health and safety laws in the Commonwealth jurisdiction – including for gig economy workers. […]
CCIG Investments Pty Ltd v Schokman [2023] HCA 21 On 2 August 2023, the High Court of Australia overturned an appeal from the Queensland Court of Appeal, finding an employer was not vicariously liable for its employee’s act of drunken urination, which occurred in employer-provided shared accommodation. While we looked at the implications of that […]
CCIG Investments Pty Ltd v Schokman [2023] HCA 21 On 2 August 2023, the High Court of Australia overturned an appeal from the Queensland Court of Appeal to find the employer was not vicariously liable for an employee’s tortious act, which occurred in employer-provided shared accommodation. In Schokman, the High Court considered that the mere […]
Garrett v Victorian WorkCover Authority [2022] VSC 623 and Schokman v CCIG Investments Pty Ltd [2022] QCA 38 Two recent decisions – with quite different outcomes – suggest the courts are still grappling with the difficult question of in what circumstances an employer should be found vicariously liable for the wrongful acts of an employee. […]
