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Articles by Blake Micallef
Nurse awarded $350,000 in compensation plus penalties following successful adverse action and discrimination claims
The case of Han v St Basil's Homes serves as a timely reminder for employers to exercise caution when making decisions to terminate employment, particularly where workplace rights and protected attributes are involved.
Gender identity discrimination no laughing matter for social media platform ‘Giggle for Girls'
Introduction In 2013, the protection against discrimination on the basis of a person's gender identity was inserted into the Sex Discrimination Act 1984 (Cth) (SDA) as part of a suite of changes introduced under the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013.
Gender identity discrimination no laughing matter for social media platform ‘Giggle for Girls’
Introduction In 2013, the protection against discrimination on the basis of a person’s gender identity was inserted into the Sex Discrimination Act 1984 (Cth) (SDA) as part of a suite of changes introduced under the Sex Discrimination Amendment (Sexual Orientation, Gender Identity and Intersex Status) Bill 2013.
Podcast: Coffee with CGW – Get to know Andrew Corkhill - Cooper Grace Ward
Join us for a coffee chat with corporate advisory partner Andrew Corkhill and private clients partner Scott Hay-Bartlem. Their candid conversation delves into Andrew's background, explores his life outside work, and discusses what gets him excited about his work.
It Depends - Who should receive the distributions from my family trust?
In this edition of It depends, partner Scott Hay-Bartlem dispels common myths surrounding trust distributions. His message: don’t limit your focus to tax matters this EOFY – there’s much more to consider! Join Scott in Sydney on May 8 and May 9 for a complimentary seminar tailored specifically for accountants and financial advisers. His presentation will provide an in-depth analysis of distributions from family discretionary trusts, just in time for EOFY.
Qantas’ adverse action appeal grounded following landmark High Court decision
The High Court of Australia’s decision in Qantas Airways Limited v Transport Workers Union of Australia provides more certainty regarding the application of adverse action in the Fair Work Act 2009 (Qld).
Qantas’ adverse action appeal grounded following landmark High Court decision
In dismissing Qantas’ submission that workplace rights extend to present rights only, the High Court of Australia has emphasised the requirement for employers to carefully consider workplace decisions to ensure they do not prevent employees from exercising workplace rights, both present and future.
Federal Court clarify when payments in lieu of notice must be delivered to parting employees
Topics: Workplace relations and safety The Federal Court has provided a timely wake up call to employers that provide payments in lieu of notice after termination of employment, finding that such practice is unlawful and could subject employers to significant pecuniary penalties. Introduction Over time, it has become common practice for employers to provide payments in lieu of notice to outgoing employees following the termination date of their employment.
Federal Court clarify when payments in lieu of notice must be delivered to parting employees
The Federal Court has provided a timely wake up call to employers that provide payments in lieu of notice after termination of employment, finding that such practice is unlawful and could subject employers to significant pecuniary penalties. Introduction Over time, it has become common practice for employers to provide payments in lieu of notice to outgoing employees following the termination date of their employment.
Unfair dismissal - guard unable to secure unfair dismissal remedy due to failure to disclose medical condition - Unfair/ Wrongful Dismissal - Australia
The Fair Work Commission has recently denied a security guard's claim for an unfair dismissal remedy where the employee failed to disclose an acute anxiety condition to the employer. The recent determination of the Fair Work Commission (FWC) in Joel Harris v Securecorp NSW Pty Ltd [2022] FWC 2781, offers pertinent considerations for employers when having regard to an employee's undisclosed pre-existing medical conditions at the time of termination of employment.
Fair Work Commission delivers blow to the employment status of gig workers
The Full Bench of the Fair Work Commission (FWCFB) has recently reaffirmed the primacy of contractual terms when determining the employment status of a gig worker. However, this position is unlikely to subsist due to the Labor Government's proposed legislative amendments tackling secure jobs and the gig economy. The question of whether a gig worker should be characterised as an employee or independent contractor remains a prominent question confronting the Fair Work Commission (FWC).
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