Australia: Uber driver not an employee – Fair Work Commission finds

The ceaseless trend towards casualisation and new rules of engagement in the gig economy is a modern fact of life. From bicycle couriers to ride sharers and food deliverers, relationships around work continue to fascinate. In the political realm, parliaments around the world are only slowly starting to grapple with how work is being redefined. … Read more

Asia: Post-employment covenants

Although often included in employment contracts, the enforceability of post-employment non-competition obligations can vary greatly from jurisdiction to jurisdiction. Read more

Australia: WHS Discrimination – A Question of Fact

A recent decision of the Victorian Supreme Court of Appeal has considered the ‘prohibition against discrimination’ offence provisions in the Occupational Health and Safety Act 2004 (Vic) (OHSA). Judicial consideration of these provisions is rare. In the harmonised jurisdictions there has been none. That said, the case demonstrates a trend we are seeing in regulators’ … Read more

Australia: Key decision on directing employees to see a doctor

The Full Federal Court has handed down a decision on an employer’s right to direct attendance at a medical appointment, and whether an employer can validly dismiss an employee for failing to follow such a direction. The Full Court’s decision is positive for employers covered by the Coal Mining Safety and Health Act 1999 (Qld), but … Read more

Australia: Dismissal for criminal convictions – The importance of proper identification of inherent requirements and considering mitigating factors

A recent report by the Australian Human Rights Commission (AHRC) reinforces the risks in dismissing an employee on the basis of past criminal convictions. Employers should exercise caution in dismissing an employee on the basis of their criminal record. It cannot be assumed that antisocial criminal conduct will be regarded as depriving an employee of … Read more

Australia: Reasonable notice update

A recent judgment of the District Court of South Australia has held that a term providing for termination on reasonable notice should not be implied into an employment agreement because of the application of the statutory minimum period of notice required by the Fair Work Act 2009 (Cth) (FWA). Read more