On 15 June 2022, the Full Bench of the Fair Work Commission handed down the Annual Wage Review 2021–22 decision awarding a 5.2% increase to the National Minimum Wage (NMW). This results in an increase of $40 per week, bringing the NMW to $812.60 per week or $21.38 per hour. Read more

The employment tribunal in Macken v BNP Paribas has recently given its remedy judgment in relation to successful claims of sex discrimination and equal pay brought by a female banker, following a two year covid-related delay to the remedy hearing.  A substantial compensation award was made, including aggravated damages in part due to the lack … Read more

2021 has been another turbulent year in the employment, industrial relations and safety space in Australia. We’re proud to have worked with our clients on some of their most challenging people issues including the development of mandatory COVID-19 vaccination policies, sexual harassment and sexual assault in the workplace, and underpayments. As we move into 2022 … Read more

Last week the Government published three consultation documents concerning proposed employment law reforms: a new consultation on changes to flexible work requests, and two consultation responses confirming the introduction of carer’s unpaid leave and rules on tips, both to be introduced “when parliamentary time allows”.  Employers should be aware that these changes are on the … Read more

Our July update includes: an update from Hong Kong and the recent case of Law Ting Pong Secondary School v Chen Wai Wah [2021] CA 873. The case follows the UK position in Cavendish Square Holding BV v Talal El Makdessi [2016] AC 1172, and considers whether notice clauses in contracts of employment (including those … Read more

Equal pay claimants can choose as comparators colleagues working at one of their employer’s establishments in a different location provided they are on “common terms”; the Supreme Court has now confirmed that the purpose of this test is only to exclude colleagues whose terms are different for geographical (or possibly historical) reasons.  The ruling also … Read more

The Employment Appeal Tribunal (EAT) has ruled that, where a worker has taken statutory holiday but not been paid, holiday pay claims must be brought within the usual time limits, even where the employer expressly refused to provide paid holiday (on the mistaken basis that the individual did not have worker status).  This contrasts with … Read more

The Supreme Court has ruled that care workers on sleep-in shifts are only entitled to the national minimum wage (NMW) for the time spent performing work tasks or awake for that purpose, and not for time spent asleep. (Royal Mencap Society v Tomlinson-Blake, Shannon v Rampersad) In the absence of a clear definition of work … Read more