Whilst all the talk so far in December regarding politics has been about getting sick asylum seekers off Nauru, national cyber security, the government potentially losing a vote in the House of Representatives for the first time since 1929 and the never-ending in-fighting amongst the Liberal Party, you would be forgiven for missing some rather…
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.
What to make of the “Change The Rules” campaign
Last Tuesday, October 23, 2018, union rallies were held in Melbourne and Sydney in support of the Australian Council of Trade Union’s (‘ACTU’) “change the rules” campaign. The protests followed a series of national TV and radio advertisements launched in early October. The “change the rules” campaign is seeking to “re-balance the system and negotiate…
Can the Giants dismiss Shane Mumford for his out-of-hours conduct?
In the latest instalment of “professional sports stars behaving badly”, a video has surfaced of ex-GWS Giants and Sydney Swans player Shane Mumford snorting a line of powder. The incident allegedly occurred in 2015 when Mumford was still a player for the Giants, the club at which he currently works as an assistant coach. The…
Employer had a valid reason to dismiss a flight attendant who called in sick due to intoxication
Published 14 October 2018 In a recent case, Luke Urso v QF Cabin Crew Australia Pty Limited T/A QCCA [2018] FWC 4436, the Fair Work Commission found the dismissal of a flight attendant because he was highly intoxicated during a layover was not unfair. Mr Urso was employed as a flight attendant with QF Cabin…
Employee sent home from work without pay: Employer not required to pay employee who was unable to work
Published 8 October 2018 In a recent case, BHP Coal Pty Ltd t/a BHP Billiton v Construction, Forestry, Maritime, Mining and Energy Union [2018] FWCFB (27 July 2018), the Full Bench of the Fair Work Commission found an employee does not have to be paid if forced on leave because they cannot perform their role….
California’s ‘ABC’ test for Independent Contractors – some key lessons for Australia
Australian workplace lawyers are parochial by nature. We don’t look at international examples very often. And given the tens of thousands of pages of domestic industrial instruments that we are forced to wade through each year, we can hardly be blamed for not seeking out more in our spare time. California, in particular, rarely gets…