Side hustles in the digital age: legal implications for employers
Samuel Ellemor SHARROCK PITMAN LEGAL Cash is tight and the side hustles are in fashion. With rising interest rates, record-high house prices, and growing cost of living pressures, employees are looking to make extra money beyond their day job’s pay and are...
Understanding the New 'Right to Disconnect' Legislation: What Employers and Employees Need to Know
Ellie Bassingthwaighte, Senior Legal Writer- Practical Guidance Employment Introduction of the Right to Disconnect Starting 26 August 2024, Australian employees will gain a new 'right to disconnect' following significant amendments to the Fair Work Act 2009...
Casual employees, unfair dismissal and general protections: recent commission rulings
Introduction The evolution of workplace protections has shown little signs of slowing in recent times. More and more often, the Fair Work Commission (FWC) has provided decisions on the broadening protections for employees and correspondingly broadening responsibilities...
Contractor or employee? Contract remains king and the superannuation guarantee is still unsettled
Overview of the issue The issue as to who falls within the ordinary or extended meaning of “employee” under the Superannuation Guarantee (Administration) Act 1992 (Cth) (SGA Act) has arisen again, and this time, the result of the Full Court of the Federal Court...
A question of notice: employment contract’s implied term of reasonable notice versus the Fair Work Act’s notice provisions.
Courts have had to decide many cases in which a dismissed employee claims damages for breach of contract, the alleged breach being the failure to give the amount of notice that was implied into the contract (because there was no express term specifying the period...
Respect at work, safe workplaces remain far from reach for Australian employees
Amid headlines listing COVID numbers & quarantine mishandling incidents across the states, Australia attracted global attention earlier this year with stories emerging from Parliament that detailed sexual harassment, assault, inappropriate behaviour, bullying and...
How to protect your IP without making a groundless or unjustified threat
One of the most common and effective means of a party acting to protect its intellectual property (IP) is by sending (or having a lawyer send) a letter of demand, with such letters forming a key part of the day-to-day practice of many IP lawyers. However, these...
Nothing implied: Construction as a means of curbing excessive use of power in employment contracts
Volume 30 Issue 2 of the Australian Journal of Labour Law is now available online to subscribers. Lexis Advance ® | LNAU Lawyers regularly review their precedents to ensure that they preserve the power employers have over their employees. They do so knowing that...