Yes, an employee can claim for personal injury arising from a breach of their employment contract.

In this article, we consider the recent decision of Martin v Telstra Corporation Ltd (No 2) [2024] FedCFamC2G 1174.

1. On 8 November 2024 the Federal Circuit and Family Court of Australia handed down a (268 paragraph) decision that confirmed the relatively unknown legal proposition that an employee can claim general damages arising from a personal injury caused by a breach of contract: Martin v Telstra Corporation Ltd (No 2) [2024] FedCFamC2G 1174.

A discussion of the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth)

 In December 2023, following debate and by agreement of both Houses, a few things occurred to the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023. Firstly, it was amended, divided into two, and the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 was born. Secondly, the amended Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 passed both houses and received royal assent on 14 December 2023.

This means the Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth) has now passed into law. Consequently, many amendments to workplace relations laws commenced on 15 December 2023. This paper will clarify and explain exactly what this legislative change means for the current Australian industrial relations landscape.

But more change is imminent. In early 2024, Parliament is expected to consider and pass further changes to employment laws within the Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023. A separate paper will individually describe those expected changes but they are listed at the end of this paper for your assistance.

Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Cth)

 On 2 December 2022 the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (‘Bill’) passed the Senate and the Bill received royal assent on 6 December 2022. This means that the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (‘Act’) has now passed into law.

 The Act represents the most broad-ranging suite of changes to the Australian industrial relations landscape since the introduction of the Fair Work Act 2009 (Cth) (‘FW Act’).

 The Act will introduce a range of changes for employers with the key changes occurring in the following areas: Equal pay & pay secrecy; Flexible work & fixed term contracts; Enterprise bargaining; Enterprise agreement and ‘zombie’ agreements; Industrial action; Abolition of the ROC and ABCC; Sexual harassment and anti-discrimination.

Rossi v Low Latency Media Pty Ltd t/as Frameplay [2022] FWC 2133

On 12 August 2022 the Fair Work Commission handed down a decision which has cast doubt on what constitutes acceptable workplace behaviour.

Material facts:

In 2017 Mr Rossi and Mr Troughton jointly founded Low Latency Media Pty Ltd (‘Frameplay’) to create video games. Subsequently, Mr Troughton moved to the United States to work for the American Holding company and Mr Rossi became the sole director and Chief Technology Officer of Frameplay in Australia. In April 2020 Mr Rossi secured finance for Frameplay to keep it afloat during the COVID pandemic.

ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2

CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1

In February 2022, two decisions were handed down by the High Court which have changed the way courts interpret employer relationships with employees or contractors.

Material facts:

CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1

Personnel Contracting Pty Ltd (‘Construct’) operated as a labour-hire business providing labour to construction clients.

Rarely in Australian history has there been such a polarising issue for the Australian populace. Is it legal for the Government and businesses to mandate vaccination for COVID-19? This is a fast moving and fluid situation with decisions being handed down in many different jurisdictions.

What is the position?

The power to issue a vaccination mandate arises from a number of bases including:

1. a lawful and reasonable direction to employees;

2. legislative instruments.

The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Omnibus Bill)

Under Scott Morrison’s leadership, the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 was introduced into Federal Parliament seeking to make amendments to the current industrial landscape following a lengthy period of consultation with all stakeholders. Aspiring to its call card, the ‘Omnibus Bill’ touches on several issues that have arisen out of:

1. common law uncertainty regarding casual employment;

2. the COVID-19 pandemic;

3. zombie industrial agreements; and

4. a surge of large organisations self-reporting underpayments.

The High Court reverses ground breaking personal leave decision: Mondelez Australia Pty Ltd v AMWU & Ors [2020] HCA 29

On 13 August 2020 the High Court handed down its decision in relation to the issue of leave accrual rates. In the landmark decision the High Court reversed the decision of the Full Court of the Federal Court of Australia and has saved employers throughout Australia an estimated $2bn

Insurance to cover a WHS fine to be an offence - amendments to the Work Health & Safety Act, (NSW)

The tragic death of Christopher Cassaniti in the scaffolding collapse at Macquarie Park, New South Wales in April 2019 has refocused attention on work health and safety. In response to a concerted and very public campaign by Christopher’s mother, on 26 February 2020 the Work Health and Safety Amendment (Review) Bill, 2019 (‘Bill’) was introduced to the NSW Parliament proposing a number of amendments to the Work Health and Safety Act, 2009 (NSW) (‘Act’).

Federal Court ruling creates grey area for employers that employ casuals: WorkPac Pty Ltd v Rossato [2020] FCAFC 84

On 20 May 2020, the Full Court of the Federal Court handed down a decision that has the potential to instill fear in employers that employ or employed long-term casual employees.

The JobKeeper payment: key amendments to the Fair Work Act 2009 (Cth)

The recent COVID-19 crisis has created economic turmoil throughout the world. It has also shone the spotlight onto the little used stand down provisions in the Fair Work Act, 2009 (Cth).

A recent decision of the Fair Work Commission (‘FWC’) has changed the way employers calculate redundancy.

A landmark decision of the Fair Work Commission (‘FWC’) has brought widespread change to Australia’s casual workforce.