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The proper way to test whether an employee is casual

Posted by Fair Work Legal Advice

· Tuesday, May 26th, 2020

It is implicit in the recent WorkPac case, in which a very senior Full Court of the Federal Court of…

Fingerprints in the workplace

Posted by Fair Work Legal Advice

· Wednesday, October 9th, 2019

The Privacy Act (Commonwealth) together with guidelines provided by the Office of the Australian Information Commissioner suggest that employers can lawfully store…

Freedom of expression at work Part 1

Posted by Fair Work Legal Advice

· Saturday, July 14th, 2018

Is freedom of expression alive and well in Australian fair work law? Part 1 I recently read an article published…

Can employer ban employee having more than one job? Part 1

Posted by Fair Work Legal Advice

· Tuesday, June 27th, 2017

Is it legitimate and enforceable for an employer to ban an employee from having a second job? Obviously it is…

Workplace rights; the benefit of the doubt

Posted by Fair Work Legal Advice

· Wednesday, February 17th, 2016

As a matter of principle, neither the conviction of an employee for a criminal offence or a crime, nor the…

The dreaded pre-employment check up; the devil is in the detail

Posted by Fair Work Legal Advice

· Friday, June 5th, 2015

In Duncan v Kembla Watertech Pty Ltd [2011] NSWADT 176, a person was offered a position on the express condition…

Leave loading payable on accrued leave at termination

Posted by Fair Work Legal Advice

· Wednesday, April 22nd, 2015

Employers are obliged to pay employees their accrued but untaken annual leave on termination of employment at the rate the…

Employer can require proof of medical ability to do the job

Posted by Fair Work Legal Advice

· Wednesday, March 18th, 2015

An employer is entitled to require an employee to provide proof that he or she is physically competent to undertake…

When is working a second job acceptable

Posted by Fair Work Legal Advice

· Friday, February 20th, 2015

A Vice President of the Fair Work Commission has upheld a claim of unfair dismissal by an employee who was…

Free speech in the workplace

Posted by Fair Work Legal Advice

· Friday, January 30th, 2015

A Full Bench of the Fair Work Commission has had something to say about the relevance of principles of free…

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