When an employee has failed to present for work without adequate explanation or prior authorisation, an employer may assume that they have abandoned their employment. However, it would be unwise to believe this without consideration of the circumstances surrounding their absence and steps made to contact the employee. Abandonment occurs
The festive season is well and truly upon us, and for many employers, this means hosting events to celebrate the year that was, and what a year it has been. Whilst it is natural for employers to want to reward employees with an end of year event, there are often
As the COVID-19 pandemic continues and changes are made to the JobKeeper scheme, employers needing to make difficult decisions to manage the adverse economic conditions, should be careful when making changes to their workforce, particularly where those changes are significant. The Federal Court of Australia (FCA) has confirmed, in Broadlex Services
In a ground-breaking decision on accrual of personal/carer’s leave under the Fair Work Act 2009 (Cth) (FW Act), the High Court of Australia (HCA) has overruled last year’s contentious decision by the Full Court of the Federal Court of Australia (FCAFC). Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred
As of Thursday 6 August 2020 the following changes have been made to the Real Estate Industry Award 2020 in relation to Commission-Only Employees: Calculation of MITA The months of May 2020 to October 2020 (COVID-19 months), may be disregarded in the calculation of the Minimum Income Threshold Amount (MITA) for the
On 30 March 2020 the federal government announced the JobKeeper wage subsidy scheme to support Australian businesses impacted by the COVID-19 pandemic by subsidising the wages of their eligible employees. The legislation enacting this scheme came into effect on 9 April 2020 and will continue until 28 September 2020. These
This week the full bench of the Federal Court handed down its decision in WorkPac v Rossato [2020] FCAFC 84 reconfirming that casual employees working regular and systematic hours with “predictable periods of working time” are likely to be considered permanent employees, regardless of their contract says and any casual loading paid. The
Employee Relations Adviser In the period between October to December 2018, the Fair Work Commission (FWC) received 3521 unfair dismissal applications. Claims from disgruntled employees can be costly, time-consuming and bad for corporate reputation. Employers need to take proactive steps to develop robust policies and procedures to assist in mitigating
The Fair Work Act 2009 (Cth) (FW Act) governs a national system employers’ record keeping obligations when it comes to employees. The FW Act states that an employer must make, and keep, employee records (as prescribed by the Fair Work Regulations 2009 (FW Regs) in relation to each of its employees for 7 years.
The entitlement to commission for salespeople who had ended their employment with the employer after a property had been sold but prior to the property being settled is well known. However, did you know that salespeople who have left your employment are also entitled to commission for the listings that
An employee’s entitlements to return to work after unpaid parental leave (UPPL) are often not given much thought until an employee is due to return. Being aware of your obligations as an employer is instrumental to making sure you are able mitigate potential discrimination and general protections claims. Section 84
An often felt emotion for small business owners, particularly in real estate, is a strong attachment to the operations of their business and the staff that they employ. This strong relationship can be conducive to success because both parties are motivated to succeed due to the close attachment to the
