An "unusual" case highlights the importance of ensuring commonly used settlement-deed clauses accurately reflect both parties' intentions upon separation, according to a lawyer.
A worker has failed to prove a written agreement with an employer was a "sham" designed to misrepresent their relationship, with the Fair Work Commission finding she was an independent contractor and therefore not "dismissed".
An employer didn't dismiss an HR administrator when it told her to stop referring to herself as an HR manager, the Fair Work Commission has ruled in rejecting this was a "demotion" that breached her employment contract.
Award changes giving overtime rates to a group of workers who weren't previously entitled to them are unlikely to impact many employers, but a provision excluding managers reinforces the importance of making that distinction clear in contracts.
An employer has failed to prove a "very well paid" senior executive wasn't "dismissed" when it accepted the repudiation of his employment contract, following an impasse over his remuneration.
Two workers found by the High Court to be independent contractors have failed to prove they should nonetheless be classified as "employees" for superannuation purposes.
Employers are being warned not to "shy away" from complicated clauses in employees' contracts, as these can be critical to defending underpayment claims.
A recent full Federal Court decision "really reinforces" the utility of contractual set-off clauses and how they can help employers facing underpayment claims, workplace lawyers say.
The Productivity Commission has proposed changing how the Fair Work Commission approaches modern awards, and suggests employers should be able to choose from "menus" regarding how they comply.
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