Flexibility within reason – Recent cases demonstrate limitations on the exercise of JobKeeper enabling directions

Since 9 April 2020, the temporary JobKeeper legislation has allowed employers to vary the working hours of employees in response to the COVID-19 pandemic. This JobKeeper enabling direction, among others, aims to assist businesses ...

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High Court clarifies sick leave entitlements – the Mondelez decision

On 13 August 2020, the High Court of Australia handed down its highly-anticipated decision in the Mondelez case.[1] Employers welcomed the decision since the High Court accepted the arguments put forward by the employer, Mondelez,...

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JobKeeper 2.0: New payments structure confirmed with continued flexibility expected to follow

After much speculation, the Federal government announced the extension of the JobKeeper payment scheme, JobKeeper 2.0, on 21 July 2020, to assist businesses to recover following the impacts of the COVID-19 pandemic. The scheme ...

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WorkPac’s gamble to double-down doesn’t pay off on double-dipping – Court confirms casual employees may not be as ‘casual’ as you think

In the high-profile sequel to the Skene decision, another "casual" labour-hire worker has won the right to paid leave entitlements usually reserved for permanent employees. The Full Bench of the Federal Court handed down its de...

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Case Note: Court of Appeal again finds against worker

In Schembri v State of Victoria, the Court of Appeal rejected the appellant's claim that the jury's verdict for the defendant both in relation to his claim for negligence and breach of statutory duty was against the evidence and t...

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Man Overboard! – Stand Down in the Time of Covid-19

In March, Australian businesses faced the impacts of Covid-19 and Government restrictions aimed at combatting the spread of the virus, which were being introduced quickly and before the JobKeeper scheme and other initiatives to su...

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