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Results: 1-10 of 64

Dismissal found to be unfair where redeployment to less senior role not offered
  • Hall & Wilcox
  • Australia
  • August 24 2016

The recent decision in Dr Petranel Ferrao v Peter MacCallum Cancer Institute 2016 FWC 4953 reinforces that a failure to fully explore redeployment


Annual leave reforms authorise the cashing out of leave
  • Hall & Wilcox
  • Australia
  • August 25 2016

The cashing out of annual leave under modern awards has recently been clarified by the Fair Work Commission (FWC). Despite provisions in the Fair Work


Resident assault in the aged care sector: making sure the punishment fits the crime
  • Hall & Wilcox
  • Australia
  • August 2 2016

The Department of Health has reported that the number of assaults against aged care residents has increased by 10 within one year. With the number


Annual leave loading: how is it paid out upon termination of employment?
  • Hall & Wilcox
  • Australia
  • October 22 2013

Mid this year, the New South Wales Local Court (Court) confirmed in its decision ofStephen Edward Ryan v Whitehaven Coal Mining Pty Ltd that upon


Restraints in labour hire agreements
  • Hall & Wilcox
  • Australia
  • November 10 2011

Two decisions by the Federal Court earlier this year confirm the ability of labour-hire and outsource provider companies to protect revenue streams by relying on non-solicitation restraints to prevent contractors from dealing directly with clients


Gardening leave: you can send them home but you can’t take their car
  • Hall & Wilcox
  • Australia
  • December 22 2015

An employer who directed an employee to take ‘gardening leave’ during his notice period has been found to have repudiated the employee’s contract of


Implied terms in employment contracts
  • Hall & Wilcox
  • Australia
  • September 10 2014

For years Australian courts and tribunals have tangoed with and side-stepped around the sticky issue of whether Australian law recognises an implied


Workplace investigations - get it right or pay the price
  • Hall & Wilcox
  • Australia
  • December 20 2013

Recent cases in the Federal Court of Australia and the Fair Work Commission highlight the importance for employers who are seeking to terminate the


Cuts of nearly $500 million to the aged care sector
  • Hall & Wilcox
  • Australia
  • December 16 2015

The aged care sector has been targeted for savings after a budget update that forecasted bigger deficits than expected. Yesterday the Federal


Coming soon: reduced minimum engagement hours for after-school casuals working in retail
  • Hall & Wilcox
  • Australia
  • September 19 2011

On 20 June 2011, following an application by the National Retail Association, Vice President Watson of Fair Work Australia handed down a decision indicating that he proposed to vary the General Retail Industry Award 2010 (Award) to carve out an exception to the rule imposing a three-hour minimum for shifts for casual employees employed under the Award