Can workplaces make it compulsory for employees to get vaccinated against COVID?

As COVID-19 vaccines become available in Australia, many workplaces are wondering whether employers can require their workers to have the COVID-19 vaccination. What are the rights of both employees and employers when it comes to COVID-19 vaccinations? According to the Fair Work Ombudsman, there are currently no laws or public health orders in Australia that…

Can employees choose to work from home?

Needless to say, 2020 was a year like no other.  One of the big changes that occurred for many people was the need to work from home. Now that the Victorian Government has withdrawn its regulations that required workplaces to let staff work remotely, workplaces are now able to have  all of their staff physically…

Government grants now available for business advice on HR and employment law

Many businesses in Victoria are currently eligible for grants from the Victorian Government in response to the restrictions imposed due to COVID-19. The Victorian Government’s Business Support Fund 3 will provide $822 million to small and medium sized businesses throughout metropolitan and regional Victoria, with applications closing on 23 November 2020. Depending on their size,…

Generals Protections claims – Employers Beware!

Following my recent unfair dismissal article I now look at how employers can defend general protections claims made to the Fair Work Commission. What are the general protections? General protections are contained in the Fair Work Act 2009 (Cth). Under the Act employers are prohibited from taking adverse action against an employee because they have,…

Defending an unfair dismissal claim? Here’s what you can expect.

As a business owner, if you have to dismiss an employee there is always a chance they will make an unfair dismissal claim against you. Obtaining advice before dismissing the employee will place you in a good position to defend the claim. We now look at the unfair dismissal process and what you need to…

Making Staff Redundant – The Do’s and Don’ts

Last week, I wrote about things businesses should consider before deciding to make an employee redundant. This week, we look at the process for making an employee redundant and some of the Do’s and Don’ts. It is essential that you keep in mind that it is the role that is being made redundant, not the…

Thinking about letting staff go after JobKeeper? Think about this first…

Are you thinking about letting staff go when Jobkeeper payments end? Katherine Hietbrink, Employment Lawyer and HR Advisor, tells us what to consider before making staff redundant during this time.   Over the next 4 weeks Katherine will be providing information on the do’s and don’t of redundancies, unfair dismissal claims and general protections for…

A class divide in Worker’s rights

Principal - WRLaw

For a society that prides itself on egalitarianism the  ‘mounting evidence that vulnerable workers have borne the brunt of health and financial impacts calls for a broader reform of an industrial relations system that has allowed a class divide in working conditions to fester.’(Conversation, 17/08/20) Both aged-care and meat-processing workers are on the front line…

Employers exposed to work-from-home injury claims, say lawyers

Principal - WRLaw

Physiotherapists are reporting more complaints of sore backs and necks due to poorly set up home offices. Companies preparing to allow staff to work from home on a more permanent basis may be opening themselves up to workplace injury claims, lawyers say. Zac Lowth, National Operations Manager at Employ Health, a provider of workplace health…

Redundancies Proceed with caution!

Principal - WRLaw

Rosa Raco, Principal & Katherine Taylor, Law Student WHAT IS A GENUINE REDUNDANCY? For a redundancy to be genuine, it needs to meet the requirements set out under section 389 of the Fair Work Act 2009 (FW Act). This is replicated below for your convenience. If a redundancy is s 389 firstly outlines the meaning…