In Episode 24 of our Employment Law for the Time Poor Podcast, join Emily Haar and Professor Andrew Stewart for a discussion on the implications of the High Court’s decisions in Jamsek and Personnel Contracting, which have adjusted the way in which the “multi-factor test” for considering whether a worker is an employee or independent contractor is conducted.  Rather than the broader factual circumstances being relevant, the focus now is solely on the contractual terms, unless the arrangement is a sham, or has been varied by conduct.  While defending an independent contracting arrangement is now somewhat easier, each situation will need to be assessed on a case by case basis, and contractual drafting is vitally important.

In Episode 23 of our Employment Law for the Time Poor Podcast, join Partner Emily Haar and Special Counsel Emily Slaytor for a catch up on the recent decisions of the Fair Work Commission relating to COVID-19 vaccination, which provide assistance for employers looking to implement their own policies (consultation is the top priority), or where having to navigate the requirements of vaccination health orders and directions. 

In Episode 22 of our Employment Law for the Time Poor Podcast, Partners Tim Lange and Joe Murphy discuss with Emily Haar what steps an employer can take in both implementing government mandates and internal policies, and also how to manage the scenario when an employee does not comply.

In episode 21 of our Employment Law for the Time Poor Podcast, Partner Ben Motro and Senior Associate Emily Haar as part of this financial year’s launch of the Employment Relations Masterclass Training Series, discuss some of the tips they have picked up along the way in both conducting and advising on workplace investigations. 

In episode 20 of our Employment Law for the Time Poor Podcast, Professor Andrew Stewart and Senior Associate Emily Haar discuss the High Court’s recent decision in WorkPac v Rossato. The ruling sheds important light not just on who can be classed as a casual employee, but on how other disputes about work status should be resolved. That may have implications for two further cases (Jamsek and Personnel Contracting) about to be argued in the Court concerning the distinction between employment and independent contracting, not to mention the classification of workers in the gig economy.

In episode 19 of our Employment Law for the Time Poor Podcast, Partner Erin McCarthy, and Senior Associate Emily Haar, as they discuss how the Fair Work Commission decision in Lee v Superior Wood turned employers’ understanding of the “employee records exemption” to the Privacy Act 1988 (Cth) on its head, and what the legal requirements are for collecting sensitive personal information, including health information, about employees. 

In Episode 18 of our Employment Law for the Time Poor Podcast, Partner Erin McCarthy, and Senior Associate Emily Haar, as they discuss three recent Fair Work Commission cases that deal with mandatory influenza vaccination policies.  Recent decisions give some insight into what the Courts and Tribunals may take into account when the first COVID-19 vaccination policy case occurs.

In Episode 17 of our Employment Law for the Time Poor Podcast, Partner Tim Lange, and Senior Associate Emily Haar, work through current employer exposure to civil and criminal liability for underpayments, including through the civil remedy provisions of the Fair Work Act 2009 (Cth), as well as new and proposed criminal provisions relating to “wage theft”.

In episode 16 of our Employment Law for the Time Poor Podcast, join Professor Andrew Stewart, Partner Tim Lange, and Senior Associate Emily Haar, unpack some of the proposals in the Bill, including a legislated definition of casual employment, Award changes on the horizon, as well as adjustments to Enterprise Agreement making and approvals. 

In Episode 15 of our Employment Law for the Time Poor podcast, Emily Haar and Hannah Linossier discuss what organisations need to think about if they are considering making working from home a more permanent feature of their “COVID-normal” workplace, including work health and safety considerations, contractual requirements, and how a remote workforce may impact on your organisational culture.