The amount of long service leave an employee can accrue has not changed and: after ten years of continuous employment with the same employer, eligible employees are entitled to 8.667 weeks leave (or payment in lieu); after the first ten years with the same employer,...
Changed definitions Persons conducting a business or undertaking (PCBU) Instead of the employer, the primary health and safety duty under the WHS Act will now be placed on all PCBU's: whether alone or with others; whether for profit or gain A PCBU includes a business...
COVID19 illness of an employee or of an employee’s dependent; employees having to quarantine or self-isolate; employees having to home school children; employees not being able to source care for children and elderly or disabled relatives due to a lack of service...
As announced today, from 12.01am on Thursday, 10 March 2022 the “very high” caseload setting will take effect, allowing all eligible industries (identified below) to implement the Policy. Before an employer can apply the Policy it must first register their critical...
The effect of these directions upon the employment relationship was considered in two recent decisions, which we discuss below. 1/ Floors Aucamp v Association for Christian Senior Citizens Homes Inc In October 2021, the Victorian Acting Chief Health Officer issued the...
Has the test to determine an employment relationship over that of an independent contractor changed? Prior authorities, such as Hollis v Vabu[1] and Stevens v Broadribb[2], applied a “multifactorial” approach to determine whether a person is an employee or a...
COVID 19 PANDEMIC The pandemic again played a pivotal part in shaping trends in 2021. Many cases made their way to courts and tribunals across Australia, as businesses were required to navigate through COVID outbreaks and restrictions imposed by government...
What are reasonable and lawful directions? In the absence of express terms in an employment contract or a statutory requirement (e.g. public health orders), implied into every employment contract is the duty that employees must follow lawful and reasonable directions...
Workpac v Rossato This case concerned the employment of Mr Rossato by Workpac Pty Ltd (Workpac), a labour hire agency. Over several years, Mr Rossato was employed by Workpac as a ‘Casual Field Team Member’ to provide services to Glencore Australia Pty Ltd at several...
“The bill will ensure that no category of Western Australian employee is excluded from state employment protections…” [and] “will significantly increase pecuniary penalties for noncompliance with state employment laws and introduce tough penalties for employers who...