Employment Law Handbook

13/01/2026

CASE LAW: An Australian worker who was dismissed from a US-based company lodged an unfair dismissal claim.

https://www.employmentlawhandbook.com.au/case-law/practical-reality-test-finds-worker-is-an-employee/

07/01/2026

Q&A: Can you prohibit a casual employee from working for a competitor while they are engaged by your business?

https://www.employmentlawhandbook.com.au/question-and-answer/can-an-employee-work-concurrently-for-a-competitor/

23/12/2025

From all of us at the Employment Law Handbook, we wish you a very Merry Christmas and Happy New Year.
We are signing off until 5 January 2025. We look forward to seeing you back here on Facebook in the new year!

21/12/2025

As the year nears its end, we are reflecting on what we have achieved. In 2025, we had a huge year adding brand-new content and making updates to the Employment Law Handbook to ensure you stay on top of employment law. Thank you to everyone who subscribed, read or used our content, and engaged with our social media. We appreciate you!

18/12/2025

BULLETIN: The FWC Full Bench overturned on appeal a decision by the FWC that, according to the Full Bench, displayed undue reticence in finding that it was reasonable in all the circumstances to make an intractable bargaining declaration.

Where a process of collective bargaining is not likely to successfully result in an enterprise agreement being made, or the cost and inconvenience being caused by bargaining is too great, the Fair Work Act 2009 (Cth) (FW Act) authorises the Fair Work Commission (FWC) to issue an intractable bargaini...

11/12/2025

BULLETIN: Recently, the Fair Work Commission was required to determine whether a paralegal had abandoned her employment or was dismissed.

Abandonment of employment describes a situation where an employee ceases to attend their place of employment without proper excuse or explanation. If the employee’s conduct is such as to convey to a reasonable person in the situation of the employer that the employee is unwilling or unable to subs...

07/12/2025

Q&A: Can a personal leave request be rejected when an employee doesn't give advance notice? Find the answer in the Employment Law Handbook.

https://www.employmentlawhandbook.com.au/question-and-answer/can-personal-leave-be-denied-where-notice-isnt-provided/

04/12/2025

BULLETIN: The Fair Work Commission recently had to consider whether an employee of a Saudi company, which was a subsidiary of an Australian company, was covered by the Fair Work Act 2009 (Cth).

The Fair Work Act 2009 (Cth) (FW Act) creates rights and obligations for national system employers. A national system employer includes a foreign corporation provided it has sufficient connection with Australia. That connection can be established so far as the company or its employees are concerned....

02/12/2025

CASE LAW: A company was fined $41,250, for its failure to comply with a compliance notice requiring it to rectify underpayments.

https://www.employmentlawhandbook.com.au/case-law/maximum-penalty-imposed-for-non-compliance-with-direction-to-rectify-underpayments/

28/11/2025

BULLETIN: The Victorian Government last week responded to a report by the Legislative Assembly Economy and Infrastructure Committee on workplace surveillance, and gave an indication of which recommendations in the report it is prepared to implement in legislation.

The Victorian Government last week responded to a report by the Legislative Assembly Economy and Infrastructure Committee on workplace surveillance, and gave an indication of which recommendations in the report it is prepared to implement in legislation. Of the 18 recommendations by the Committee, t...

25/11/2025

Q&A: If an employee doesn’t return to work their full notice period, can the pay for this period be withheld? Find out in the Employment Law Handbook.

https://www.employmentlawhandbook.com.au/question-and-answer/can-we-withhold-notice-pay-if-an-employee-refuses-to-work-their-notice-period/

21/11/2025

BULLETIN: In a recent unfair dismissal case, the Fair Work Commission had to determine whether an employee was covered by the Commercial Sales Award 2020 or Miscellaneous Award 2020.

When determining whether or not an employee is covered by a particular award, you examine the nature of the work and the circumstances in which the employee is employed to do the work, and ask, ‘what is the principal purpose for which the employee is employed’? This question is not