Whole of relationship test – employee or contractor?
Australian businesses could face significant penalties for failing to comply with the new definition of ‘employment’ under section 15AA the Fair Work Act 2009 (Cth) (FW Act). This new definition came into effect on 26 August 2024 and is one of the many changes under the Federal Government’s Closing Loopholes No.2 reforms. Importantly, it introduces […]
Casual Employment: Changes impacting businesses
Casual employees – making sure casual employees are classified as casual correctly. Another change that was made under the Federal Government’s Closing Loopholes No.2 reforms was the definition of casual employment and their pathway to permanent employment. All businesses must be aware of the main changes that may impact your business: New definition The FW […]
New costs protection laws for victims of discrimination – a wake-up call for employers
Under the Australian Human Rights Commission Amendment (Costs Protection) Act 2024 (Cth) which was passed on 19 September 2024, unsuccessful applicants in unlawful discrimination cases are now protected from paying a respondent’s costs, except in very limited circumstances. This amendment introduces a revised “equal access” cost protection provision into the Australian Human Rights Commission Act […]
The ‘Right to Disconnect’ – what it means for employees and employers
Earlier this year, ‘Right to Disconnect’ provisions were added to the raft of amendments to the Fair Work Act under the Fair Work Legislation Amendment (Closing Loopholes No.2) Bill 2023. The ‘Right to Disconnect’ has been gaining attention around the world, particularly in Europe, over recent years due to the significant increase in work-related mental health […]
How DKL aided an employer with restraint of trade
In June this year, we assisted a long-term client of ours address concerns they had about a recent employee, who had resigned from their employment. Background Our client became aware that the employee who recently resigned and left the organisation was making disparaging remarks about our client, the directors, and the organisation as a whole […]
Key Facts about Superannuation under the NES
Earlier in the year, we provided a brief update on recent legislation changes before answering some FAQs employers ask us about their contract arrangements. Now we’re getting into the details – whether you’re an employee or an employer, this blog post has something for you. Since 1 January 2024, employees have had their entitlement to superannuation contributions […]
DKL and its partners shine brightly in the 2024 Doyle’s Guide
We’re thrilled to announce that Danny King Legal is ranked a First Tier Employment Law Firm in the 2024 Doyle’s Guide for NSW. The guide profiles leading lawyers and firms who have been nominated by their peers based on their recognition, expertise and capability in Employment Law. It’s an incredible achievement to hold the First Tier […]
Changing legislation and your contracts: Critical facts you need to know
On 6 December 2023, the government announced changes to fixed-term contracts affecting all employers. Since then, two further legislative changes to the Fair Work Act have come into play that will impact your current and future employment contracts: Fair Work Legislation Amendment (Closing Loopholes) Act 2023 commencing variably from 14 December 2023, and Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 commencing variably from 30 June 2023. […]
How DKL supported an employer through separation negotiations
In 2023, we were contacted by an employer client in the e-learning industry. Background Our client came to us for assistance managing a particular employee whose behaviour was having a negative impact on the wellbeing of other team members, and the ability of the business to service its clients efficiently and within given time frames. […]
Ensuring flexibility and equality: Fair Work Act updates
On 22 June 2023, the Australian Government passed the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (the Act). The Act, amongst other things, introduces several changes to provide stronger access to unpaid parental leave (UPL) under the Fair Work Act 2009 (the FW Act). Said changes took effect on 1 July 2023. UPL is an entitlement under the National […]