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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.

Employee’s right to inquire upheld

Posted on February 4, 2021 by Brian Powles

Published 4 February 2021 Crispe v Bank of Queensland Limited [2021] FCCA 115 In Crispe v Bank of Queensland Limited [2021] FCCA 115 the Federal Circuit Court heard on an interlocutory application to strike out portions of a Form 2 lodged by Mr Crispe (the Applicant). The Applicant had brought an unfair dismissal claim against…

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Are Uber Eats delivery drivers employees or independent contractors?

Posted on January 28, 2021 by Brian Powles

Published 28 January 2021 Amita Gupta, an Uber Eats delivery driver, made an application to the Fair Work Commission for an unfair dismissal remedy under section 394 of the Fair Work Act 2009 (Cth) (FW Act), claiming that Uber Eats’ decision to suspend, and then permanently block her access to the partner app, which is used by…

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Parental Leave – Key Obligations for Employers

Posted on December 12, 2020 by Brian Powles

Published 12 December 2020 Unpaid parental leave is one of the National Employment Standards. While it does not bestow any direct financial entitlement to employees, for eligible employees however, it provides a mechanism under which their employment with an employer is maintained (in spite being on unpaid leave) for up to two years. There are…

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COVID-19 Update: JobKeeper Extension

Posted on September 16, 2020 by Brian Powles

Published 16 September 2020 On 3 September 2020, the Australian Government enacted the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Act 2020 (Cth) (the Act). The purpose of this Act was to extend and amend the JobKeeper provisions in the Fair Work Act 2009 (Cth) (the FW Act). Extension The Act extends the JobKeeper provisions to 28 March 2021. JobKeeper Payment…

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Employment Law in the COVID-19 Era

Posted on July 31, 2020 by Brian Powles

Published 31 July 2020 As a follow on from our newsletter series providing updates on COVID-19, we have compiled an eBook “Employment Law in the COVID-19 Era”, a comprehensive resource for small business owners, employers, and human resource professionals. The eBook includes many of the updates we released as the crisis developed, but also contains…

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COVID-19 Update: Economic Response Package (Payments and Benefits) Rules 2020

Posted on April 24, 2020 by Brian Powles

Published 24 April 2020 Recently we provided an explanation of the new legislation for the JobKeeper Payment. However, the new legislation required the Treasurer to develop rules concerning the eligibility, amount, timing and obligations for the JobKeeper payment. These rules have now been published. Below is a review of the JobKeeper rules. Division 2 – Entitlement Based on Paid…

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