Many workplaces throughout Australia employ individuals on flexible workplace arrangements. These arrangements are growing in popularity and give people the ability to better balance work and life as well as improve productivity through reduced fatigue and greater employee engagement and productivity. Recent changes to modern awards inserted by the Fair Work Commission now require employers […]
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Protections for Independent Contractors: The Independent Contractors Act
An independent contracting relationship can be beneficial for both parties; the principal and the contractor. Most importantly, they are flexible! However, Resolution123 often comes across independent contractor agreements that are not fair on both parties. We continue to see contractors taken advantage of by principals. Independent contractors – do not fear! While employees are entitled […]
Domestic Violence and Employment Law
Family and domestic violence impacts many Australians at home and in the workplace. This article discusses the recent changes to the National Employment Standards, that will assist employees recovering from family and domestic violence. What is it? In December 2018 the Federal Government made amendments to the Fair Work Act (FWA) to include an entitlement […]
Resolution123 secures win for employee in Fair Work Commission!
Resolution123 recently secured a huge win for one of our clients Andrew O’Farrell. Commissioner Riordan in his decision Andrew O’Farrell v Guest Tek Australia Pty Ltd wrote that “if a bird looks like a duck, walks like a duck and quacks like a duck – then it is a duck – the Applicant in this […]
Ignorance is no defence: Accessorial Liability under the Fair Work Act
The Fair Work Act 2009 (FWA) includes a number of civil penalty provisions. This means that the court can order entities that contravene these provisions to pay large sums of money; either as a fine, or to the people who have been injured by the contraventions. Civil penalty provisions within the FWA include those relating […]
Mental health and psychological injury in the workplace
The Black Dog Institute estimates that one in five (20%) of Australians aged 16-85 experience a mental illness in any year. As Australians continue to work longer hours, and remain in the workforce longer, it is important for us all to be aware of our mental health, and the negative health consequences that workplace stress […]
Not old news: Age Discrimination in the workplace
Australia’s population is ageing. More people are staying in the workforce for longer. Many of us are now working past the traditional retirement age. Unfortunately this means that many older Australians are being subjected to age based discrimination. If you believe you are being treated unfairly in the workplace because your age, there are laws […]
Casual workers: fact or fiction
The characterisation of an employee as permanent or casual can have significant impact on the rights of the employee and their entitlements when leaving their job. One of the many entitlements of a permanent employee is the right to annual leave contained within Section 86 of the Fair Work Act 2009 (Cth). Am I a […]
The Whole Truth: are you an employee or independent contractor?
The rise of the gig economy has led to more and more people working flexible jobs in the services or hospitality industry. The appeal of these kinds of jobs is that they can act as a supplement to a person’s primary income and they can choose when and when not to work. The Klooger v […]
What to do when you’re called into a disciplinary meeting
So you’ve been called into a disciplinary meeting with your boss. You’re not exactly sure what the meeting is about and you don’t know what you can/can’t do or say. It can be a really distressing time so here are some tips about your rights and how to approach the meeting. Before the meeting Ask […]
Three Reasons To Sign A Deed Of Release
A deed of release is an important legal document that usually imposes three serious obligations on employees: to release the employer from all legal claims, to keep the matter confidential and not to say anything negative about your employer and its representatives. So if you are presented with one, should you sign it? Yes, if […]
Requesting Flexibility
The Fair Work Act 2009 (Cth) contains the National Employment Standards, called the NES. The NES are 10 minimum standards that apply to all national system employees. The NES cannot be excluded by your employment contract or company policy or procedure. One of the NES is the right to request flexible working arrangements. Here is […]