Category: Employment Law

In February 2024, the Federal Government introduced changes to the Fair Work Act which aimed to strengthen the work-life balance of Australians by providing employees with ‘The Right to Disconnect.’ In the following article, we will define the right to disconnect and outline what the right to disconnect provides employees as well as its limits. Further, we will highlight the expected changes to employment contracts because of the introduction of this right and the date these changes commence for various employers. Lastly, we will outline how disputes between employers and employees regarding this new right are expected to be resolved…. Continue Reading

The lines dividing the roles of employee and independent contractor are becoming increasingly blurred. Organisations reliant on the label of the latter to protect them from employer obligations such as minimum wage, superannuation and leave entitlements are now facing the pressure of discerning ‘substance not form’ debate. Workers from various sectors, particularly within the gig economy (think Uber and Foodora), are campaigning against the unsupportive working conditions they face as independent contractors. Recently, the Fair Work Ombudsman launched legal action against Foodora on the basis that the delivery organization engaged in sham contracting. As outlined in an earlier article, sham… Continue Reading