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Business

Fair Work Act: Underpayment of Wages

Relevant provisions The following sections of the Fair Work Act 2009 (“FW Act”) are most likely to be relevant in an underpayment of wages context: ...

DISMISSAL: NES NOTICE OF TERMINATION

A Full Bench of the Fair Work Commission has recently made an important decision in relation to the meaning of a “dismissal” under s 386...

MISLEADING STATUTORY DECLARATION: PENNYCO

Pennyco Pty Ltd t/a Zarraffas West Ipswich [2017] FWCFB 4852 (“Pennyco”) is one of the more unusual cases that have come before a Full Bench of...

Dismissal: Letters and Emails

A Full Bench of the Commission in Mohammed Ayub v NSW Trains [2016] FWCFB 5500 provided some important clarification regarding when a dismissal takes effect....

Fair Work Act: Accessorial Liability

A common problem encountered by employees who have not been paid their minimum legal entitlements is discovering that the company which employed them has been...

“Set-off” Principles

The law around “set-off” principles in employment relationships is reasonably well settled. Courts have applied contractual law principles to focus upon what the parties agreed...

FAIR WORK AMENDMENT: CORRUPTING BENEFITS

The Fair Work Amendment (Corrupting Benefits) Act 2017 (“the Act”) arises from recommendations made by the Royal Commission into Trade Union Governance. It commenced operation on the...

RESTRAINT OF TRADE AND POST-EMPLOYMENT RESTRAINTS

In contracts, there are various types of post-employment restraints and restrictions that may survive the termination of the contract. Non-solicitation and non-compete clauses are some of...

INVESTIGATIONS: SERIOUS MISCONDUCT ALLEGATIONS

Appropriate strategies in investigations of allegations of misconduct can vary significantly in degree of sophistication. Once a process of investigation commences, it may take a life...