Crawford de Carne

Independent Contractor or Sham Contracting?

There are only two categories of relationships at law between a worker and the person who receives the services of a worker, which are: an...

08 June, 2020

Fair Work Act 2009 (Cth) and Payments

Some Key Legislative Payment Provisions in the Fair Work Act 2009 (Cth) 1. An employer must pay an employee amounts payable to an employee in relation...

21 May, 2020

Adverse Action and Disability

The case of Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC 181 is a clarification of the law in relation to adverse...

09 May, 2020

Variation and Repudiation of Employment Contracts

The recent case of Benge & Anor v Bluescope Steel (AIS) Pty Ltd (No.2) [2020] FCCA 515 is an interesting summary of the law in...

01 May, 2020

UNDERPAYMENT OF WAGES: PAYSLIPS

“Without proper payslips employees are significantly disempowered, creating a structure within which breaches of the industrial laws can be easily perpetrated.” Fair Work Ombudsman v Taj...

08 September, 2019

Underpayment of Wages: Record-Keeping

The recent Federal Circuit Court case of Taylor v Peninsula Sports Academy Pty Ltd [2019] FCCA 1929 is another example of the underpayment of wages...

13 August, 2019

Award Coverage: Banking, Finance and Insurance Award 2020

Correct assessment of modern award coverage is important to apply award payment obligations and entitlements. Award coverage and application should be assessed prior to new...

22 July, 2019

Representation in Unfair Dismissal Matters: FWC Full Bench

The recent Fair Work Commission Full Bench (Full Bench) decision Emery v City Of Stirling [2019] FWCFB 199 clarifies when the Fair Work Commission (FWC)...

17 July, 2019

Privacy Law in New South Wales

The law surrounding employers accessing employee emails and data is difficult to navigate at times. Legislation at the State and Federal levels address the protection of the...

28 June, 2019

Consultation: A Step Not to Miss

A failure to properly comply with the steps required for in a redundancy situation can have unplanned consequences. The recent case of Jennings v The...