Have you checked your organisation’s employment contracts and letters of offer? New regulations commenced on 18 December 2018,1 allowing an employer to make a claim to have a clearly identifiable “casual loading” taken into account if an employee makes a claim for payment of NES entitlements because they were not a “true casual”. However, stringent conditions […]

The Federal Circuit Court has handed down its decision on the penalty to Workpac for failing to give its employee—Mr Paul Skene—annual leave, because he was engaged as a ‘casual employee’. We have outlined the details of this case in a previous EMA note. In summary, an employee engaged as a ‘casual’ employee was entitled to […]

These are EMA’s pick of the most interesting and relevant cases reported in the last month. Please note that these are summaries only, and should not be relied upon in place of the full judgment. If you would like clarification on any of the judgments, or wish to know how a particular case may apply […]

December 7, 2018

EMA Consulting Networking session  6 December 2018 Presented by Ashleigh Smith – Director, EMA Consulting EMA Consulting’s latest networking session on the 6 December,reviewed a selection of Unfair Dismissal cases from the past 12 months, as well as discussing current trends and statistics. Unfair Dismissal has three key factors to consider: unjust, unreasonable and harsh. […]

Out-of-hours conduct can often become ‘work-related’, creating a risk for employers. This is increasingly important with the ‘silly season’ approaching. Here are our top tips for planning your Christmas function. What’s the Risk? Christmas parties and other work-related functions often see mismanagement of industrial relations issues that would otherwise be carefully considered by managers or, […]