Entitlements

Entitlements Archives - MKI Legal

Casual Employee Entitled to Award of Full-Time Employee - MKI Legal

Summary A passenger who refused to pay the fare, sat in a seat reserved for disabled people, and wore a face mask under his chin was implored by a bus driver in the Gold Coast to wear his mask properly. The passenger refused and said, “F-ck off, Karen” to the driver. The driver asked the...[Read More]

Bus Driver Dismissed, Reinstated After Abuse - MKI Legal

Summary A truck driver was hired by a milk company under casual employment arrangements. The truck driver offered to do some unscheduled work if he was paid. The milk company then refused to give the truck driver any casual loading. The truck driver then filed an adverse action claim. The Federal Circuit and Family Court...[Read More]

Stevedore work at the Port of Sydney Harbour, variable A stevedore worked for a port operator at Sydney Harbour. He was 60 years old and he had been employed as a stevedore for 11 years. The stevedore was classified as a variable salary employee. He was not placed on rosters and was only irregularly engaged...[Read More]

No work for 21 months — a case of redundancy? - MKI Legal

Membership in the CFMEU A patcher was a member of the Construction, Forestry, Mining and Energy Union (CFMEU). He resigned from the union to protest the union’s inadequate response to the concerns he had raised about safety deficiencies on the project where the patcher and his friend had been working. The patcher’s friend sustained a...[Read More]

Worker dismissed for refusing to join a union awarded $7000 - MKI Legal

Probationary employee enquires about delayed pay A senior operator/manager had been working for 5 weeks but she had not been paid her wages despite her employment contract providing that she will be paid on a fortnightly basis. She also asked for a payslip.  She was provided with a Jobs Victoria Fund Employee Consent Form so...[Read More]

Non-receipt of government wage subsidy not a ground to withhold employee’s pay - MKI Legal

On 27 March 2021, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 came into effect, amending the operation of casual employment under the Fair Work Act 2009 (Cth) (Fair Work Act). &nbsp; Summary of Recent Changes Recent changes to the Fair Work Act have: created a statutory definition of what constitutes...[Read More]

Changes to Casuals under the Fair Work Act 2009 (Cth) – What You Need to Know - MKI Legal

Contravening a modern award makes employer liable for payment of backpay to underpaid employees and civil penalties Case background The three employers all owned and operated fast food stores and employed about 30 employees. The employees they hired were classified as adult and junior employees. Those employees were covered by a modern award specifying the...[Read More]

Contravening a modern award makes employer liable for payment of backpay to underpaid employees and civil penalties - MKI Legal

Pecuniary penalty awarded to employee made to do unpaid “dips” before a shift Case background The employer operated a petrol station and retail store. The employee was a foreign student who was hired as a trainee console operator. He was paid less than $20/hour. His shift was from midnight until 6am. Employee required to perform...[Read More]

Pecuniary penalty awarded to employee made to do unpaid “dips” before a shift - MKI Legal

Coronavirus or COVID-19, has changed the way in which most of us do work, including working from home and/or implementing social distancing practices within the workplace. The way in which services are delivered have also changed, whether it be an increased demand in online shopping or changing from dining-in to take-away offerings or limitations on...[Read More]

Stand down during COVID-19 Pandemic - MKI Legal

Get advice on Discrimination and Coronavirus! Coronavirus has resulted in a number of businesses shutting down their operations & employees work from home.