A recent Federal Court decision in Alouani-Roby v National Rugby League Ltd  FCA 12 (18 January 2024), has made it more difficult for employees on time limited contracts to argue they were dismissed if their employment comes to end upon the expiry of the contract’s term. Under the Fair … Read more about Is there a dismissal under the Fair Work Act when a time limited contract expires?
Under s.119 of the Fair Work Act, an employee is entitled to be paid redundancy pay by the employer if the employee’s employment is terminated because - the employer no longer requires a job done by the employee to be done by anyone, except where this is due to the ordinary and customary … Read more about The Ordinary & Customary turnover exception to redundancy pay
After a busy and rewarding few years, STAL is expanding into the Northern Suburbs of Melbourne, standing ready to service clients in employment/workplace matters, in addition to Melbourne's CBD. Our new offices are located on Level 3, 593 Grimshaw Street, Bundoora, near busy Plenty Road. … Read more about STAL opens our newest office in Melbourne’s North
On 9 May 2023, STAL was successful with obtaining an injunction against an Employer seeking to continue their County Court claim against an Employee (after the Employee had commenced their own claim for damages based on an alleged breach by the employer of their employment contract and the Fair Work … Read more about STAL successful in stopping an Employer’s County Court claims against their client
From 6 June 2023, employees will be able to access the Fair Work Commission’s Dispute Resolution processes to oversee their employer’s decision regarding requests for flexible work arrangements. Presently, the Fair Work Act 2009 (Cth) does not allow an employee to challenge their employer’s … Read more about Flexible Work Arrangements – Fair Work Act changes
The case of NSW Trains v Todd James involved allegations of misconduct against Mr James, a manager at NSW Trains. NSW Trains had taken disciplinary action against Mr James under their Enterprise Agreement by reducing his grade and pay whilst still retaining his employment as a manager. Mr James’ … Read more about Will a demotion amount to a dismissal?
FWC has today published its Interim Online Proceedings framework providing for substantive proceedings involving contested facts, to be generally conducted in person. Other cases which might warrant an in person attendance include where parties agree, or a participant might be unable to effectively … Read more about Online or in Person? FWC publishes its Protocol for Hearings or Conferences
The Fair Work Commission has awarded a wage increase of $40 per week for employees covered by Modern Awards, or on the minimum weekly wage (presently $772.54 per week for a full time employee). Modern Award wage earners earning less than $869.60 per week (based on 38 hours per week) will receive … Read more about FWC Commission awards a 5.2% pay rise to minimum wage earners