October 2016

 

Latest Legal Updates

 

Employment - Superannuation for Contractors

All of our readers are aware that employees and contractors are not the same. However, the lines seem to blur when it comes to superannuation guarantees. Superannuation is a support system typically in place for Australian employees, but it may also extend to independent contractors under certain circumstances.

It is important for businesses to distinguish between employees and contractors for the purposes of determining employee entitlements, superannuation contributions, payroll tax, PAYG withholding and WorkCover. Under the common law, a multifaceted legal test has been developed by courts in order to make the distinction.

Employment - When should workplace investigations be conducted externally?

Every employer should establish effective internal complaint procedures for dealing with and investigating workplace complaints. However, when is it necessary and appropriate to engage an independent third party to investigate complaints?

In the context of bullying and harassment claim, the Fair Work Commission (the Commission) recently held in the case of Xiaoli Cao v Metro Assist Inc; Rita Wilkinson [2016] FWC 5592, that if an employee vehemently claims that the investigation procedure is biased or otherwise flawed, it may be prudent for the employer to engage an independent third party to conduct the investigation.

 

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