July 2019

The review of the Heavy Vehicle National Law (HVNL) by the National Transport Commission (NTC) is under way, with the release of the Terms of Reference, Approach document and 4 of the 8 issue papers as part of the review.  The NTC requests submissions from interested parties in response to their issue papers, with the overall aim of identifying opportunities to improve the HVNL and deliver a modernised law that will enhance safety for all road users.

The Home Secretary has asked the Migration Advisory Committee (MAC) to review future salary thresholds for the new immigration system which is due to come into force in January 2021.

As we mentioned in our blog post- The immigration white paper – what will it mean for the UK’s future immigration system? December 2018 –…

In a unanimous judgment, the Constitutional Court has brought certainty to the test for derivative misconduct and what an employer who wants to rely on such conduct must prove to justify dismissal. This judgment is National Union of Metalworkers of South Africa obo Khanyile Nganezi and Others v Dunlop Mixing and Technical Services (Pty) Ltd…

Plusieurs employeurs offrent à leurs employés non-syndiqués rémunérés sur la base d’un salaire annuel la possibilité de « banquer du temps » au-delà d’un certain nombre d’heures travaillées par semaine. Ce temps est généralement compensé par le biais de congés équivalant au temps accumulé dans cette banque. Il arrive aussi fréquemment que ce temps…

The termination of Israel Folau’s $4m playing contract has set the scrum for a Federal Court case which is likely to shape the landscape of religious expression and vilification in the employment context.

Background

Folau’s controversial “warning” on Instagram stated that “Hell awaits” those who are “homosexuals … thieves and atheists”, among others, telling them they should ”Repent!” because “only Jesus saves”.

Along with NSW Rugby, Rugby Australia’s (together, Rugby Bodies) initial decision to sack Folau because of a high level breach of the Professional Players Code of Conduct was upheld by a Code of Conduct hearing.  The parties were also unable to reach a settlement agreement in the Fair Work Commission late last week.

It is now likely Folau will issue proceedings in the Federal Court of Australia under the general protections provisions of the Fair Work Act 2009 (FW Act), arguing that the termination of his employment occurred because of his religion, which constitutes adverse action taken for a prohibited reason in breach of the FW Act.