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Articles by Declan Johnston
Australia: The loopholes are closed! What the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 means for your business
The Federal Government passed the second tranche of the Closing Loopholes legislation this week, introducing key changes in respect of casual employees, independent contractors, gig economy workers, the trucking industry, and the right to disconnect. In brief On 12 February 2024, the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 (Cth) (“Bill“) was passed by Federal Parliament after the House of Representatives accepted changes made in the Senate.
Can you challenge an improvement notice?
Australia: Can you challenge an improvement notice? 08 December 2021 by Michael Selinger and Declan Johnston Holding Redlich Your LinkedIn Connections with the authors To print this article, all you need is to be registered or login on Mondaq.com.
Working from home: Employer not required to furnish home office with desk
To print this article, all you need is to be registered or login on Mondaq.com. Lockdown restrictions during the COVID-19 pandemic has resulted in an unprecedented number of employees working from home. In response, employers have fielded employee requests for assistance with equipment required to set up working from home arrangements.
Genuine redundancy held, despite similar new role created one month later
To print this article, all you need is to be registered or login on Mondaq.com. The recent Fair Work Commission (Commission) decision of Lakhan v United Petroleum Pty Ltd [2020] FWC 4970 (Lakhan) examines whether a ‘genuine redundancy' occurs in circumstances where the employer creates a new role that is similar to a redundant role within one month of the redundancy. Overview Mr Lakhan was employed by United Petroleum on 28 May 2018 as a Retail Role Specialist.
Minimum wage increase from 1 July 2019 | Lexology
On 30 May 2019, the Fair Work Commission (FWC) handed down its decision in the Annual Wage Review for 2018-19. The decision will increase the national minimum wage and the modern award minimum wages by 3 per cent from the first full pay period on or after 1 July 2019. The decision affects close to 2.2 million or 21 per cent of Australian employees who have their pay set by a modern award and 180,220 or 1.7 per cent of employees who are paid at the adult minimum wage rate.
Recent Uber decision takes the employer/contractor distinction for a ride
Uber has successfully argued that its business arrangements with drivers that are centred around technology based revenue sharing systems do not create an employment relationship with Uber drivers. Instead, the Fair Work Commission determined in a recent unfair dismissal case that no such employment relationship existed because Uber engaged these drivers as independent contractors.
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