Category: Employment Law

Donations to political parties. What are the boundaries?

The Federal election is days away and the Victorian state election is also approaching. You may have made, or be considering, a financial donation to a political candidate or political party. Political donations are regulated…

Your secret is safe with me

The most valuable assets in a business are often its confidential information and its employees. But what happens when an employee leaves and takes confidential information with them? Protection of confidential information must be a…

Australian Vaccination Requirements – a state by state summary

Australia has a high uptake of vaccination to COVID-19, partly due to enforceable public health orders at State level which require classes of workers to be vaccinated if they are to work outside of their…

Two High Court decisions – two different takes on employees vs. contractors

On 9 February 2022, the High Court handed down two separate and unanimous decisions that have fanned the flames on the age-old quandary of defining contractors vs employees. Differentiating between employees and contractors is a…

Who’s liable for adverse reactions to COVID-19 vaccinations?

With COVID-19 mandatory vaccination directions sweeping across Australia, one important question remains a constant: Who’s liable if someone has an adverse reaction to a COVID-19 vaccine while mandatory directions are enforced? No Fault COVID-19 Indemnity…

Reopening today? Are you aware of your new obligations?

With the lockdown ending, the Victorian Government has introduced a new set of requirements, under the ‘Open Premises Directions’. The content of the new directions was not made available until around midnight last night, meaning…

The minefield of mandatory vaccinations

Directions regarding mandatory vaccinations Directions around the Victorian government’s expansion of the mandatory vaccinations were made on 7 October 2021. The Directions, which previously covered cover health care, construction and teachers, have been expanded. The…

Deliveroo appeal stalled as High Court ruling throws spanner in the works

Australian food delivery company Deliveroo is primed to reinvent our ‘gig economy’ by appealing a decision made by the Fair Work Commission. But recent High Court comments regarding employment and independent contractor relationships have caused…

The final countdown – don’t miss the 27th September casual conversion deadline

By 27 September 2021, employers (other than small business employers) need to have assessed whether any of their existing casual employees, employed before 27 March 2021, are eligible to be offered permanent employment. Note: A ‘small…

Can employers require staff to be vaccinated?

Earlier this month in an Australian first, Shepparton food processor SPC mandated that all staff and visitors to its processing plant must be vaccinated for COVID -19 by the end of November 2021. Having implemented…

Significant changes to workplace laws on harassment and discrimination

Two national laws that operate in the workplace to protect employees are set to be updated. The Sex Discrimination and Fair Work (Respect at Work) Amendment Bill 2021, which is expected to be passed this…

Employers’ and Directors’ liabilities under new wage theft laws in Victoria

The Wage Theft Act 2020 (Vic) (Act) commenced on 1 July 2021. Under the Act, Victorian employers who deliberately underpay their employees may face criminal penalties. For a serious breach, employers who dishonestly withhold employee…