Australia: Balemian v Mobilia Manufacturing Pty Ltd & Anor [2017] FCCA 743 

The Employee worked for over 21 years without any type of agreement.  The Employer refused to give the Employee the accrued leave because the Employer said the Employee was an …

Australia: Chalker v Murrays Australia Pty Ltd [2017] NSWCATAD 112

The Applicant alleged that the prospective employer violated anti-discrimination laws by not employing him due to his mental illness.  The prospective employer argued that the reason of not offering Applicant …

Australia: Employees vs. Independent Contractors

This publication helps to give an overview of employees and independent contactors under Australian employment law, as well as the distinction between the two.  It describes the various rights afforded …

Australia: The Limits of Australian Anti-Discrimination Law

This research report analyzes the interaction between anti-discrimination laws and the rise of identity politics.  This report illustrates how anti-discrimination laws impact other equality rights like freedom of speech and religion. …

Skin deep: should Australia consider name-blind resumes?

This article explains the growing phenomenon of resumes for employment opportunities submitted without the applicant’s name.  The reason for this is that there is a systemic or subconscious bias toward …

Australia: Willing to Work- National Inquiry into Employment Discrimination Against Older Australians and Australians with Disability – 2016

This is a report concerning the trend of discrimination of elderly Australian workers and Australian workers with disabilities. This report maintains that the right to work is a human right …

Australia: Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd & Ors [2015] HCA 45 (2 December 2015)

An Employer attempted to convert the contract with an Employee into one for an independent contractor, even though she was an employee.  The Court held that this was not allowed.  …

Sexual orientation–based wage gaps in Australia: The potential role of discrimination and personality

This article describes the wage-gaps between workers engaged in same-sex relationships.  Particularly, this article identifies a negative wage-gap between gay men, indicating discrimination based on sexual orientation. https://journals.sagepub.com/doi/pdf/10.1177/1035304615570806  

Australia: Willmott v Woolworths Ltd [2014] QCAT 601

The plaintiff decided to apply for a job at the defendant’s company.  The former alleged that the online application constrained discriminatory questions required information regarding his date of birth, gender, …

Australia: ACE Insurance Limited v Trifunovski [2013] FCAFC 3 (25 January 2013)

Five sales agents sold insurance and their contracts stated that they were independent contractors.  But the contracts were with the company, not the individuals.  The agents were restricted to working …

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