Dismissal for mandatory vaccination refusal upheld

In a decision which will no doubt be welcomed by employers in the residential aged care sector, the Full Bench of the Fair Work Commission has this week denied permission for an employee in that sector to appeal a decision that she was not unfairly dismissed after refusing an influenza vaccination.[1]  [...]

2021-09-28T14:16:55+10:00September 28th, 2021|

Federal amendment to Sex Discrimination Act 1984 for volunteers

Background In 2018, the Government funded the Australian Human Rights Commission (AHRC) to undertake a National Inquiry into sexual harassment in Australian Workplaces. The resulting Respect@Work Report recommended legislative amendments to simplify and clarify the overarching legal frameworks to ensure that employers and workers are able to effectively address sexual harassment [...]

2021-09-28T14:03:33+10:00September 28th, 2021|

Gifts of trading stock to DGRs

Many businesses and DGRs overlook the ability to claim a tax deduction for a gift of trading stock. Trading stock is defined as anything a business produces, manufactures or acquires, to manufacture, sell or exchange and includes livestock. Trading stock is subject to special tax rules that enable a business to [...]

2021-09-28T14:03:24+10:00September 28th, 2021|

DGRs to register as charities

Treasury Laws Amendment (2021 Measures No. 2) Bill 2021 which requires non-government deductible gift recipients to be a registered charity was passed on 2 September 2021 and will have effect from 14 December 2021. The measures were first flagged in late 2017 after Treasury released a discussion paper on potential reforms [...]

2021-09-28T14:33:11+10:00September 28th, 2021|

Mergers – bringing everyone along on the journey

Background and facts Australian Karting Association Ltd (Karting Australia), is the Australian body responsible for promoting the sport of karting in Australia and a company limited by guarantee. A previous federated association known as AKA Inc had carried out these responsibilities, but in 2013 the operations of AKA Inc were transferred [...]

2021-09-28T14:03:00+10:00September 28th, 2021|

Handing over complaints about a former employee in a historical sex abuse situation

Between 1973 and 1980, SDA (a pseudonym for the claimant) resided in St George’s Home for Children (Home). The Home was run by the Corporation of the Synod of the Diocese of Rockhampton (Church). The second respondent was the State of Queensland. Reverend M had been the superintendent at the Home [...]

2021-09-28T14:02:43+10:00September 28th, 2021|

Wage underpayments – to err is human, but to forgive is not the policy of the Federal Court

Background A judge of the Federal Circuit Court of Australia imposed penalties on Yooralla in respect of 4 contraventions of the Fair Work Act 2009 (Cth) (Act) involving underpayments on account of ordinary hours of work, annual leave, annual leave loading, and personal leave that were payable to an employee of [...]

2021-09-28T14:02:26+10:00September 28th, 2021|

Public Benevolent Institution case clears the air

The High Court has not considered the term Public Benevolent Institution (PBI) since a couple of cases in 1942. At the time the Court made the observation that it was not appropriate for the term PBI to be fixed in time. This allows for the meaning of PBI to alter as [...]

2021-09-28T14:02:13+10:00September 28th, 2021|

Posters of public content on social media liable in defamation as ‘publishers’

The High Court of Australia has dismissed an appeal[1] by media outlets Fairfax Media Publications Pty Ltd, Nationwide News Pty Limited and Australian News Channel Pty Ltd and confirmed that each of the appellants "published" comments made by third -party Facebook users on links shared on their public profiles.  Accordingly, they [...]

2021-09-14T11:32:26+10:00September 14th, 2021|
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