Flawed investigation results in reinstatement of training instructor who stared at colleague’s chest

Flawed investigation results in reinstatement of training instructor who stared at colleague’s chest

It is common for employers to face conflicting versions of events when investigating sexual harassment complaints. When dealing with such instances, employers are required to assess the reliability and credibility of the evidence to make findings on the balance of probabilities.

Flight Attendant Reinstated After Employer’s Unfair Process

Flight Attendant Reinstated After Employer’s Unfair Process

Employers will often refer on previous warnings to support of a decision to terminate the employee’s employment for misconduct. However, a recent case involving Virgin Australia is a reminder for employers to give employees the opportunity to respond to any reliance on former warnings before making a decision to terminate.

Refusal to comply with employer’s direction to return to the office found to be a valid reason for dismissal

Refusal to comply with employer’s direction to return to the office found to be a valid reason for dismissal

Employees previously worked from home exclusively because of public health orders that prevented them from attending the office due to COVID-19. Following the lifting of restrictions, some businesses have returned to the physical office while others have adopted a hybrid work arrangement.

Victoria to restrict non-disclosure agreements in workplace sexual harassment cases

Victoria to restrict non-disclosure agreements in workplace sexual harassment cases

Victoria will be the first Australian jurisdiction to introduce legislation which prohibits the use the non-disclosure agreements (NDAs) in relation to workplace sexual harassment.

Sacking Of Political Staffer By Email Deemed Unfair

Sacking Of Political Staffer By Email Deemed Unfair

In the recent decision of Pierce Field v Department Of Finance [2022] FWC 1619 (24 June 2022), the Fair Work Commission (FWC) found that procedural deficiencies (including dismissal via email) and the denial of natural justice outweigh instances where dismissal could otherwise be considered valid.

Paid Family and Domestic Violence Leave Entitlement on the Radar

Paid Family and Domestic Violence Leave Entitlement on the Radar

The Full Bench of the Fair Work Commission (FWC) recently came to a provisional view that there should be a modern award entitlement to 10 days of paid family and domestic violence (FDV) leave. The Full Bench’s provisional view may be accessed here.

Sladen Snippet - Key changes to super guarantee rates and thresholds from 1 July 2022

Sladen Snippet - Key changes to super guarantee rates and thresholds from 1 July 2022

As discussed here, one of the key superannuation announcements in the May 2021 budget was the removal of the minimum $450 threshold for super guarantee purposes.

Sladen Snippet - you haven’t made super contributions on time – now what?

Sladen Snippet - you haven’t made super contributions on time – now what?

ake super guarantee contributions on time is not a breach of the super laws, but it will trigger tax for the employer, and potentially penalties.

Super contributions payable to contractor plumber - a call for action for businesses

Super contributions payable to contractor plumber -  a call for action for businesses

In the recent Australian Administrative Tribunal (AAT) decision of Trustee for Virdis Family Trust t/a Rickard Heating Pty Ltd v FC of T [2022] AATA 3, the AAT relied on the decision in Dental Corporation Pty Ltd v Moffet [2020] FCAFC 118 (Moffet) to find that a plumber who was engaged as a contractor was an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 (SG Act).

Sladen Snippet – Mental Health and Wellbeing surcharge on businesses with more than $10 million wages

Sladen Snippet – Mental Health and Wellbeing surcharge on businesses with more than $10 million wages

The Mental Health and Wellbeing surcharge will commence from 1 January 2022 and is payable on Victorian taxable wages paid or payable from 1 January 2022 by an employer or a group of employers.

Sladen Snippet – TD 2021/D5 genuine disposal restrictions in employee share schemes

Sladen Snippet – TD 2021/D5 genuine disposal restrictions in employee share schemes

Whether an employee has genuine restrictions on disposing of an option/right or share issued under an employee share scheme (ESS) can determine whether tax can be deferred, and until when, under the ESS.

Penalty relief for employer super guarantee mistakes in the stapled default super fund regime

Penalty relief for employer super guarantee mistakes in the stapled default super fund regime

As part of the broader ‘Your Future, Your Super’ reforms, the concept of default ‘stapled super funds’ for employees will take effect from 1 November 2021. Where employees start work on or after 1 November 2021, and do not choose a super fund, most employers will have to check with the ATO if their employee has an account with an existing super fund, known as a ‘stapled super fund’, to pay the employee’s super guarantee into.

Check the contract: WorkPac v Rossato High Court appeal is handed down

Check the contract: WorkPac v Rossato High Court appeal is handed down

On 4 August 2021 the High Court handed down their much-anticipated appeal decision of WorkPac v Rossato. The High Court ultimately upheld the appeal of labour-hire company, WorkPac, confirming that their former employee, Robert Rossato, was in fact a casual employee and not a permanent employee. The decision comes as welcome news to employers.

ATO to apply a more lenient approach to SG penalties

ATO to apply a more lenient approach to SG penalties

The super guarantee (SG) amnesty ended on 7 September 2020. The SG amnesty allowed employers to disclose and pay previously unpaid SG charge, including nominal interest, for the quarters between 1 July 1992 to 31 March 2018 without incurring the administration component or Part 7 penalties. In addition, payments of SG charge made to the ATO under the amnesty were tax deductible to the employer.

Sladen snippet - music teacher found to be employee for super guarantee purposes

Sladen snippet - music teacher found to be employee for super guarantee purposes

In the recent decision of Olias Pty Ltd as trustee for the Storer Family Trust and Commissioner of Taxation, the Administrative Appeals Tribunal (AAT) found that a “contract” music teacher fell within the ordinary definition of ‘employee’, and was therefore an employee for the purposes of the Superannuation Guarantee (Administration) Act 1992 (Cth) (SG Act).