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What would you do if your employer made your work life unbearable, but didn’t outright fire you? Is it unfair dismissal when you’re pushed to resign? These are pressing questions in Australia’s workforce, where the line between voluntary resignation and constructive dismissal—also known as forced resignation—can often blur.

Imagine arriving to work one day only to find a new contract on your desk, detailing major changes to your role, hours, or pay. Your heart sinks as you wonder: Can they actually do this?

The recent case of Shamrock Civil Engineering Pty Ltd v Honan Insurance Group Pty Ltd [2024] QSC 313, concerned a waste site in Ipswich which cost $31 million to remedy. The question before the Supreme Court of Queensland was who whether liability should rest with Cleanaway or Shamrock.

Managers need to be able to direct and supervise their staff. Inevitably, a question then arises as to what constitutes reasonable directives and action from managers.

Although 2024 might seem like a while ago now, there are a few things employers must remember when employing casuals.

From 26 August 2024 amendments to the Fair Work Act come into effect which extend protections afforded to employees otherwise not protected.

The last few months has seen a spike in queries relating to sexual harassment in the workplace, illustrating that despite numerous #MeToo campaigns many employees are still not able to go to work without having to deal with sexually charged “jokes”, unwanted touching or worse…

The Closing the Loopholes legislation includes principles to apply when determining the ordinary meaning of an 'employer' and 'employee' and requiring an assessment of the real substance, practical reality and true nature of the working relationship by considering the 'totality' of the relationship.

On 8 April 2021, the complainant (whom we will call Kylie) had a medical episode in her employer’s carpark. The episode was the result of a pre-existing medical condition which Kylie had not disclosed to her employer. Approximately seven other employees saw Kylie lying on the carpark floor apparently unconscious and provided her with CPR.

The Fair Work Commission (FWC) recently had to determine if an employee was required to check their emails during the taking of personal leave to meet the deadline for filing a general protections claim after being dismissed (Michelle Sciberras v Labour Solutions Australia Pty Ltd [2024] FWC 1615 (21 June 2024)).

Businesses are required to comply with the new laws which give employees the right to disconnect outside working hours...

The changes to casual employment in the Fair Work Legislation Amendment (Closing the Loopholes) Act will commence on 26 August 2024.

Recent case law has affirmed the Fair Work Commission’s position that it will not make orders to stop sexual harassment when the alleged harasser is no longer employed by the Company (Application by AB [2024] FWC 967).

There have been significant changes to the Fair Work Act 2009 (Cth) (FWA) as part of the new ‘Closing Loopholes’ legislation. These changes will come into effect at various times until 2025 and it is important for employers to keep on top of the changes to avoid being caught out.

Victorian employers already have a positive duty to eliminate discrimination, sexual harassment and victimisation as far as possible under the Equal Opportunity Act 2010.

As part of the Closing the Loopholes legislation contracts will not be allowed to be for a fixed term of longer than 2 years. This includes contracts which can by agreement be extended beyond 2 years. Nor can fixed term contracts be extended more than once, even if the total period is for less than 2 years.