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. […]
Welcome to Wotton Kearney’s first Employment Law Bulletin. The last few months have been full of interesting employment law developments in New Zealand that are likely to have profound impacts for businesses and their insurers. In this issue, we look at recent restructuring cases, the impact of Uber drivers being defined as employees, Holidays Act […]
In early 2022, the Albanese government committed to implementing and legislating all 55 of the recommendations of the Australian Human Rights Commission’s Respect@Work Report. On 27 September 2022, the government introduced the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022, which seeks to implement seven of the 55 recommendations to strengthen laws […]
On 31 March 2022, the Work Health and Safety Act 2020 WA (WHS Act) came into effect. The major change for the insurance sector from the harmonised WHS legislation is that WHS penalties are no longer insurable. For insurers and brokers, this means it is important to ensure renewed policies do not contain terms that […]
Construction, Forestry, Maritime, Mining and Energy Union v Personnel Contracting Pty Ltd [2022] HCA 1; ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 Two landmark High Court cases have decided that the terms of a written contract will determine whether a person is an employee or a contractor. This is a major shift […]
