Workplace Relations & Safety

KHQ News & Insights

De novo appeals against sentence to be removed

Having acted for corporate accused who have been exposed to the inefficiency and costs of running a plea twice (in the summary and then appellate jurisdiction) on the same evidence, material and submissions, the amendments proposed by the Justice Legislation Amendment (Unlawful Association and Criminal Appeals) Bill 2018 are welcome. Current position An appeal by … Read more

Tough gig for workers

By Michael Cochrane (Senior Associate) and Stephanie Koumbarakos (Trainee Lawyer) In May 2018, Greens MP, Adam Bandt introduced the Fair Work Amendment (Making Australia More Equal) Bill into parliament.  The bill is targeted at gig economy workers (also known as “sharing” economy workers), such as Ubereats drivers and Deliveroo bicycle riders. Currently, these workers are considered … Read more

Property owner bears clean up cost

A recent case highlights the importance for property owners in ensuring they are aware of uses of their properties by lessees and take appropriate steps to deal with any residual issues once the lessee decides to move on. Background A holding company in Victoria leased property to a skip bin company that intended to use … Read more

Uber still not an employer (according to FWC), but for how long?

Late last month an Uber driver was unable to convince the FWC that he was an employee for the purposes of unfair dismissal protection.  DP Gostencnik categorically rejected the applicant’s argument that a recent 2016 UK Employment Tribunal case which found an Uber driver was a “worker” should be applied in Australia noting that the legislation … Read more