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Employment Law I Baker Love Lawyers Newcastle

Employment Law

When do superannuation entitlements arise for independent contractors?

Despite the well-established differences between independent contractors and employees in employment law, the obligations of parties in a contractor relationship become more uncertain when it comes to the payment of superannuation. The Superannuation Guarantee (Administration) Act 1992 (Cth) and the Superannuation Guarantee Charge Act 1992 (Cth) (‘Superannuation Acts’) create a legislative scheme which effectively requires […]
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High Court confirms: Employees can recover compensation for psychological injury caused by unfair dismissal

In a major shift for Australian employment law, the High Court of Australia has confirmed for the first time that an employee can recover damages for psychological injury caused by the way their employment was terminated. The decision in Elisha v Vision Australia Ltd [2024] HCA 50 significantly reshapes the risk profile for employers when […]
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FIFA Agent Regulations

FIFA’s football agent regulations: What you need to know

The 2023 FIFA Football Agent Regulations (FFAR) introduced a sweeping overhaul of the global football agent industry. After years of decentralized oversight, where national associations regulated agents with varied requirements FIFA has reasserted centralized control through the FFAR. These rules aim to promote ethical conduct, financial transparency, and fair representation in football worldwide. The FFAR […]
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Workplace Surveillance

The modern employment relationship is one which readily sees employers monitoring the output of employees. There are privacy considerations which also come into play when determining what an employer can monitor, with employers required to carefully consider the surveillance methods adopted. There is a balance to be struck between monitoring in an ethical manner, along […]
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Positive Obligations in the Workplace

Workplaces across Australia have been tasked with ensuring that their policies, procedures and practices reflect best practice and that individuals come forward when witnessing inappropriate behaviours that should not occur in any workplace. It is vital that both employers and employees use their best endeavours to create a positive culture in the workplace to ensure […]
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Employment Agreement

Public Holiday Rosters

A recent Federal Court decision on 28 March 2023 has altered the traditional approach to employees being rostered to work public holidays. It has been common practice in many industries, particularly in retail, manufacturing and coal services, for employees to work public holidays. However, the decision of CFMMEU v OS MCAP Pty Ltd [2023] FCAFC […]
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Employment Agreement

Fair Work Changes – Pay Secrecy Clauses

There have been a number of recent changes to the Fair Work Act 2009 (Cth) (the Act) which occurred during late 2022 and will gradually come into effect throughout 2023. One of the primary amendments to the Act which occurred as of 7 December 2022 relates to the prohibition on pay secrecy clauses in employment […]
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Surveillance of Employees in the Workplace

As employees return to the workplace following the Covid-19 pandemic, it is timely to consider how the increased employee monitoring and surveillance often put in place for remote working environments now impacts monitoring employee’s conduct in the workplace. How much surveillance is too much? Are you getting the balance right? Installing cameras and other surveillance […]
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Employment Agreement

Employment Relationship Extending to the Road

A recent New South Wales Supreme Court (NSWSC) case has illustrated the importance of employer and employee working relationships and the extent of the employer’s duty of care for events outside of work hours. Troy Matinca (Employee) was employed as a coal miner by Coalroc (Employer) and as part of his employment duties worked extensive […]
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