As with most years, employment law developed significantly in 2018. Last year we discussed the law’s shift against flexible work arrangements. To an extent, 2018 continued that trend. The use of long-term casual engagements by many employers has been constrained by the Full Court of the Federal Court’s decision in WorkPac v Skene and [...]
https://www.youtube.com/watch?v=ZDwunT34Je8 As medical professionals, practice owners may have performed numerous independent medical examinations and given opinions on employees’ capacity to work. Yet on the flip side, practice owners should be aware of their own obligations as employers. This article discusses the law regarding capacity-based dismissals. It relates to instances where there is evidence to [...]
http://www.youtube.com/watch?v=ZDwunT34Je8&feature=youtu.be In September 2017 we published an article discussing the law regarding capacity-based dismissals. Since then, the law has changed. CSL Limited T/A CSL Behring v Chris Papaioannou [2018] FWCFB 1005 has now clarified the correct approach to be taken in capacity-based dismissals. This relates to instances where there is evidence to support that [...]
https://www.youtube.com/watch?v=wAV0oXIZQG0&feature=youtu.be The employment law landscape continues to change with a number of significant decisions in recent months. WorkPac Pty Ltd v Skene [2018] FCAFC 131 made news Australia-wide. In WorkPac it was held that an employee purportedly engaged as a casual, was not a casual employee for the purposes of the Fair Work Act 2009 [...]
https://www.youtube.com/watch?v=giQRqnIRMj0 The employment law landscape continues to change with a number of significant decisions in recent months. WorkPac Pty Ltd v Skene [2018] FCAFC 131 made news Australia-wide. In WorkPac it was held that an employee purportedly engaged as a casual, was not a casual employee for the purposes of the Fair Work Act 2009 [...]
This is the second part of our Employment Law Update for medical practices. This part of our article discusses two topics. The first is when a prior period of casual employment may count for the purpose of calculating redundancy payouts. The second is when an employee can use a medical report created after their [...]
This is the second part of our August Employment Law Update. This part of our August article discusses two topics. The first is when a prior period of casual employment may count for the purpose of calculating redundancy payouts. The second is when an employee can use a medical report created after their dismissal [...]
The fast pace of employment law change continues with a number of significant decisions in recent months that effect medical practices. Due to the number of changes, we are publishing this practice newsletter edition in two parts. This is part 1. This part discusses two topics. The first is the inclusion of unpaid family and [...]
Part 2: Misconduct This article is part 2 of our series dealing with dismissing staff members of a medical practice for underperformance or misconduct. This article is concerned with misconduct, and when it may be appropriate to dismiss a staff member on this basis. Misconduct or serious misconduct? Employment lawyers make a distinction between dismissal [...]
The fast pace of employment law change continues with a number of significant decisions in recent months. Due to the number of changes, we are publishing our August edition in two parts. This is part 1. This part discusses two topics. The first is the inclusion of unpaid family and domestic violence leave entitlements [...]
