Disputes, Liabilities, Case Law

Unfair dismissal; Conflict resolution; Adverse action claims; rights and responsibilities; Accessorial liability

Federal Court of Australia finds that reliability and credibility issues insufficient to discharge reverse burden of proof

The Federal Court of Australia has upheld an appeal from the Industrial Magistrates Court of Western Australia, finding that an employer (“Employer”) had failed to disprove underpayment allegations made by a pair of former employees (“Employees”). In doing so, the Court considered section 557C of the Fair Work Act 2009 (Cth) (“FW Act”), which places…

New Zealand: Employment Court decisions reinforce urgent need for Holidays Act reform

The latest decisions from the Employment Court on the outdated Holidays Act 2003 (Act) reinforce our view that significant change to New Zealand’s holiday pay system must be treated as a matter of urgency by the Government. Our employer clients have consistently ranked this issue as their top employment law priority, but reform continues to…

Litigation or mediation?

When a dispute arises, it’s far too common for parties to “lawyer up” before they’ve looked at the dispute from multiple angles and figured out the right way to resolve it. It’s no secret that litigation is time consuming, emotionally wearing and costly. The costs associated with going to court will likely be disproportionate to…

New Zealand: Windfalls for wayward employees in NZ?

Recent media reporting would have you believe employees are receiving windfall payments for minimal and questionable work. Headlines can be deceiving. Consider for a moment – “Construction company to pay $17,000 to builder with a drinking problem”. Few people would read such a headline and consider a boozy builder to be deserving of a $17,000…

Severe punishment on the horizon for employers under potential new wage theft laws

In Federal Parliament on Wednesday, July 24, the Attorney General and Minister for Industrial Relations, The Honourable Christian Porter MP, said that the Government had “zero tolerance” for wage theft, with the Prime Minister, The Honourable Scott Morrison, stating that the Attorney General was working on laws tackling worker exploitation, which may even extend to…

Australia: biometric data, the Privacy Act, and the employee records exemption

In Jeremy Lee v Superior Wood Pty Ltd,[1] the Full Bench of the Fair Work Commission (FWC) considered the lawfulness of an employer directing an employee to provide their biometric data.  In this case, Mr Lee objected to his employer’s direction to use a fingerprint scanner to sign in and out of his work site, under Superior…

Interim NSW Anti-Slavery Commissioner provides insight on potential future of the NSW Modern Slavery Act

Developments in the area of modern slavery law are progressing rapidly, our regulatory change specialists keep you up-to-date on the latest developments in NSW. While the Commonwealth Modern Slavery Act 2018  (Commonwealth Modern Slavery Act) is in force, the future of the NSW Modern Slavery Act 2018 (NSW Modern Slavery Act) hangs in the balance. As we reported in…