Legal Alert


LEGAL ALERT: Full Bench rules on paid domestic violence leave

19

May 2022

LEGAL ALERT: Full Bench rules on paid domestic violence leave

The Full Bench of the Fair Work Commission has provisionally approved the entitlement of paid family and domestic violence (FDV) leave for employees covered by Modern Awards. In the decision, which is part of the four-yearly review of Modern Awards, the Full Bench considered whether a variation of Awards was needed to accommodate...

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EMA LEGAL: Welcomes Nino Marciano

11

May 2022

EMA LEGAL: Welcomes Nino Marciano

EMA Legal is delighted to announce that Nino Marciano has recently joined our team of solicitors, as a Senior Associate. Nino was admitted to practice in 2015 and his primary area of practice is Industrial Relations and Employment, Government and Administrative Law.  From 2019 to March 2022 he was appointed...

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LEGAL ALERT: Case Law Update: COVID-19 Vaccination Exemptions

03

Mar 2022

LEGAL ALERT: Case Law Update: COVID-19 Vaccination Exemptions

The procedural fairness demonstrated by two employers has been recognised, in two recent decisions involving employees who had unsuccessfully sought exemptions from being vaccinated against COVID-19. Edwards v Regal Cream Products Pty Ltd [2022] FWC 257 In the first case, an unvaccinated employee (Edwards) was dismissed in compliance with a...

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LEGAL ALERT: High Court Hands Down Independent Contractor Judgments

11

Feb 2022

LEGAL ALERT: High Court Hands Down Independent Contractor Judgments

The High Court has handed down two significant judgments in relation to independent contractor arrangements.  Both decisions highlight the need for contractual terms to determine working relationships and the primacy of contractual terms. CFMMEU v Personnel Contracting [2022] HCA 1 In the first case, the CFMMEU appealed a decision by...

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LEGAL ALERT: FWC Makes First Anti-Sexual Harassment Ruling

12

Jan 2022

LEGAL ALERT: FWC Makes First Anti-Sexual Harassment Ruling

The Fair Work Commission has published its first decision relative to a claim using the new anti-sexual harassment jurisdiction, in a judgment delivered on 24 December 2021. The Applicant, THDL, sought an order against two employees of a neighbouring company which conducted its business in shared accommodation, in the same...

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LEGAL ALERT: New Vaccine Mandates for South Australia

09

Nov 2021

LEGAL ALERT: New Vaccine Mandates for South Australia

COVID-19 vaccines will now be mandatory for those working in chiropractic therapy, osteopathy, disability support and in-home care, after two new directions were issued by the Commissioner of Police yesterday. Chiropractors and Osteotherapists will need to be vaccinated against COVID-19 (or be booked in for their second dose) by 6 December...

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