Wage theft is one of the flavours of the month in the industrial relations space at the moment with repeated calls to introduce tough criminal penalties for those employers who “steal” their employees’ wage by underpaying them. There is no doubt that all employees should be paid what they are owed for a hard day’s…
Author: Brian Powles
Brian is an accredited specialist in employment and industrial relations law, who is partner of a successful boutique Sydney law firm. He also hosts the Working Knowledge podcast.
Criminal offences outside of work: Can an employee be suspended?
Can an employer indefinitely suspend an employee who has been charged with a serious criminal offence for conduct that occurred outside of work? That is the question facing the St George Illawarra Dragons at the moment with widespread calls for Dragons player Jack de Belin to be suspended indefinitely until the serious sexual assault charges…
Timely Reminders from the Fair Work Commission: The Five categories of employees with access to ‘flexibilty’
In a recent decision from the full bench of the Fair Work Commission, it was held that an employer lacked a reasonable basis for refusing an employee’s request for flexible work arrangements. The Employee, Detective Senior Constable Gary Emery, was 58-years-old, and nearing retirement. His request was to have additional rest days, as he moved…
Foodora Update
Late last year the Fair Work Commission made the landmark decision of Klooger v Foodora Australia Pty Ltd [2018] FWC 6836 that found the Foodora driver was an employee, rather than an independent contractor. The decision and its implications were considered in our former article from December last year. The decision has sparked further developments…
Disrupting the disrupters: what are the consequences of the Foodora ruling for the gig economy?
Last month, the Fair Work Commission handed down a much-anticipated decision in Klooger v Foodora Australia Pty Ltd [2018] FWC 6836 (Klooger). Josh Klooger, a Foodora rider, had made an application to the Commission claiming he was unfairly dismissed. Foodora objected to this as they contended he was an independent contractor and therefore not entitled…
Government announces response to casual employee “double-dipping”
December has been a busy month for Industrial Relations Minister Kelly O’Dwyer. In addition to recent legislative changes to the Fair Work Act 2009 (Cth), it was announced on Monday that the Coalition government would be using a new regulation to try and prevent “double-dipping” on loadings and entitlements by long-term casual employees. The proposed…