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Employment Law Update – Autumn 2019

Welcome to the MST Lawyers Employment Law Update. This quarterly electronic bulletin will provide our readers with information on significant developments in the areas of employment law, workplace relations and industrial relations.

FWO Strikes First Blow In Spotless “Ordinary And Customary Turnover Of Business” Challenge

The long-standing question regarding when the ordinary and customary turnover of labour exception applies for employers to avoid paying redundancy entitlements remains unclear. An industrial battle remains over the words “ordinary and customary turnover of labour”.

In the recent decisions of United Voice v Berkeley Challenge Pty Ltd and FWO v Spotless Services Australia, the Federal Court has applied two different legal tests, creating uncertainty in the law.

What’s On The ALP’s Workplace Relations Agenda?

Have you ever wondered how workplace laws might change if the ALP wins the upcoming Federal Election? Our Employment lawyers give their take on the possible changes.

Wellington Woman Wins $9000 Payout For A Day’s Work

The issue concerning the lawfulness of unpaid work trials is long-standing and contentious. In a recent decision handed down by the New Zealand Employment Relations Authority, a Wellington woman was awarded $9000 after working a full shift only to be told afterwards that it was an unpaid trial.