Before an employer enters into a services agreement, either party may raise the prospect of the business relationship becoming one of an employer and contractor, rather than that of employer/employee. This can be a minefield for the employer. Common law definitions of “contractor” and ‘employee” are as follows: an independent

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On 1 January 2014 significant amendments to the Fair Work Act 2009 (Cth) will come into operation to address workplace bullying, described by Minister Bill Shorten as the “hidden scourge of workplaces.” The aim of the legislation is to introduce a proactive, early intervention procedure to deal with workplace bullying.

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Employee Obligations to their Employer As a starting point, an employee’s relationship with their employer goes beyond their identified duites whilst at work. In choosing to work for a particular employer, the law imposes on that employee an obligation to be loyal, honest and confidential. Further, the employee and employer

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The recent actions of the Gold Coast Hospital workers have drawn the issue of ‘Sham Contracting’ back into the limelight.  With Fair Work inspectors planning a number of targeted campaigns for the Gold Coast region in coming months, employers should be actively reviewing their current arrangements to ensure they do

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The Fair Work Amendment Act 2012 (Cth) received Royal Assent in December 2012 which has led to a number of important changes that employers and employees should be of aware of as at 1 January 2013. The important changes include: Change to Fair Work Commission Fair Work Australia has changed

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The 2 ½ years since the introduction of the Fair Work Act has brought sweeping changes to the workplace relations landscape, but the journey is not over yet. The ‘targeted campaigns’ of the Fair Work Ombudsman, coupled with easily accessible mechanisms for employees to seek compensation, has resulted in a

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Solicitors have experienced an increase in inquiries from Queenslanders about workplace bullying. These people are often experiencing high levels of stress or depression. In addition to the dramatic impact on employees’ health, the Productivity Commission released a report in April this year which estimated that stress-related absenteeism and presenteeism were

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On 1 July 2009, Australia’s workplace relations system changed with the implementation of the Fair Work Act 2009. There are now new workplace relations laws in place, which have been designed to balance the needs of employers and employees. The new legislation introduced a safety net of minimum employment conditions

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Views of social media and networking sites such as Twitter, Facebook, Myspace, YouTube and others growing over the last few months, employees need to be mindful of how they use these services and the information that they impart. Putting comments about workmates or your employer on your Facebook, Myspace or

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