FAQs matching Work Issues

What are the characteristics of an independent contractor?

Practice Areas: Employment Law

In trying to ascertain whether or not an employee is a contractor, a useful gauge is to look at the relationship between the employer and employee with...

What happens to an employment contract if there is a change to position or remuneration?

Practice Areas: Employment Law

For the most part, employers may make changes to the position and remuneration without the need to vary or terminate the contract – but it is a matter...

Are employers required to act fairly?

Practice Areas: Unfair Dismissal

It may be surprising for some readers to learn that there is no implied common law obligation for an employer to act fairly in relation to investigative...

What are the general confidentiality and contractual obligations associated with employment contracts?

Practice Areas: Employment Law - Worker Perspective

Generally, a contract of employment will have both express and implied obligations to ensure the employer’s confidence. In Deta Nominees Pty Ltd...

What obligations do employers owe visa holders?

Practice Areas: Employment Law

For holders of a Temporary Work (Skilled) (subclass 457) visa, there are a number of employer obligations that are owed to the holder, and include the...

What options are available to employees who have been unlawfully suspended from the workplace?

Practice Areas: Employment Law - Worker Perspective

In instances where an action of suspension is not available to an employer through contract, award or statute, yet the employer still undertakes such an...

Is there such a thing as ‘positive’ discrimination under Australian employment law?

Practice Areas: Discrimination

There are exceptions that are different in nature in that “special measures” have been included allowing employers to identify potentially...

Are casual employees protected against unfair dismissal?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, Industrial Relations, Redundancy, Unfair Dismissal

For casual employees to receive protections, they must have worked for an employer for the ‘minimum employment period’ referred to in ss 382-383...

What is the managerial prerogative in relation to employment law?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective

Although a request to perform acts beyond the function and contractual appointment may not need to be obeyed by the employee, there are a number of matters...

What are the characteristics of casual employment?

Practice Areas: Employment Law

The hallmark of casual employment is that the hours of work are irregular, and there are no expectations or certainties when it comes to weekly hours,...


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