The High Court has overruled the previous verdict that allowed a long term casual to claim permanent employment.
Casual staff can be employed by the same employer for more than one year, which is a departure from the position of the Tribunal in the early 90's.
This will no doubt stir up some interesting discussion about the Covid vaccine - fear of blood clots and other potential side effects are stopping people from getting the AstraZenca, which does make you ill for a couple of days afterward (I was in bed for 1 day then ill on and off for a week).
This post is not here for general discussion about anti-vaccines in general, as per the group rules.
My personal opinion only, is that it is voluntary, but you would then be limited to services that require vaccination as a mandatory requirement, such as air travel, etc.
This is typical American style over litigation coming to Australia.
I suffered life changing injuries in an horrific car accident in Melbourne in 1988, and the Transport Accident Act, 1986, changed the definition of severe injuries to reflect the American Medical Association Scale of Disabilities, so that you could only sue at common law if you had 30% total body disability. I shattered my right wrist, right humerous that required a portion of my hip and a plate, dislcoated my right should to behind my back, crushed my nose, broke my left cheek and jaw, lost two teeth, some short term memory, a compression fracture of C5/6, and pulled all the msucles from my waste up, and received 12% total body disability.
In this case, motor vehicle third party insurance will cover all passengers, regardless of the state of the car, and in WA, the driver is covered in a single vehicle accident if suffering significant injuries.
This is the first time a driver has been hit with such costs, and will set a precedent in Australia if Berkshire Hathaway wins this case.
Is Parliamentary Privilage designed to allow politician's to get away with corruption. It seems that, in Western Australia, the ex Legislative Council President, Kate Doust (Labor), attempted to use the powerful Procedures and Privileges Committee (PPC), to stop the CCC from obtaining disgraced Liberal MP Phil Edman's laptop, which allegedly contained information about how he used his electoral allowance to pay for strip clubs, speeding fines, and to act as a Sugar Daddy to women he met online.
Kate Doust used the PPC to recover the hard drives from the CCC, as she claimed that the information was subject to parliamentary privilege, which is only to provide legal immunity against liability for statements or actions undertaken in the course of parliamentary duties. I'm sure that strippers, speeding fines and being a Sugar Daddy does not fall under these privileges.
Phil Edman was also part of a secret club of politician's who attended expensive dinners on taxpayer money.
In March, under the leadership of Premier Mark McGowan, Labor won the WA state election in such a landslide, that the Liberal Party had less members (2), than the National Party (4), out of 59 seats (Labor 53).
Mark McGowan sacked Doust from her position, as he supported the investigation into Phil Edman.
This seems to be a family tradition. Despite being one of the wealthiest families in WA, I worked with the ATO 30 years ago on an investigation, that ended up with John Caratti being jailed for 18 months and fine $1.5m for tax evasion.
His father, who died at the beginning of the 15 year long process, had his estate fined $500k for the same thing.
This is a very significant matter to be determined, and because it was heard in the UK, it will also apply to Australia as a precedent.
Many contractors do not realised that they fail the Personal Services legislation, that requires a true contractor to dervice more than 10% of their income from more than one source, and the Control Test, which most fail also.
This is a good outcome, as many so called contractors, such as myself being a finance broker, in accordance with this UK case, would be employees.
The real estate industry in WA has to pay their agents $300 per week base.
The drop in the cash rate today marks a period of medium term historically low interest rates.
With property prices plunging in almost all states, and rental yields at all time lows on the east coast, this may trigger another housing boom, as rates should now stay low for several years.
ASIC v Westpac in June 2020, on appeal in front of Justices Michael Lee, Jacqueline Gleeson and John Middleton, re:
Australian Securities and Investments Commission v
Westpac Banking Corporation (Liability Trial) [2019] FCA
1244
The case centred on Westpac's use of an automated process to approve hundreds of thousands of home loans, substituting would-be borrowers' actual living expenditure for a relatively low benchmark, the Household Expenditure Measure (HEM).
In the early 90's, I ran the "Fat Man in the Seat" case in the Western Australian Industrial Relations Commission, wherein the employee had been terminated because he had "allowed himself" to become heavier than the Safe Working Load of the seat in a front end loader, causing it to bottom out and hurt his back.
Whilst it didn't affect his compensation claim, the Commisioner upheld the dismissal because the employer had assisted every way possible to help this employee lose weight, and keep the weight off, yet he did not stick to the health program.
I was the AWU union advocate.
In the early 90's, I ran the "Fat Man in the Seat" case in the Western Australian Industrial Relations Commission, wherein the employee had been terminated because he had "allowed himself" to become heavier than the Safe Working Load of the seat in a front end loader, causing it to bottom out and hurt his back.
Whilst it didn't affect his compensation claim, the Commisioner upheld the dismissal because the employer had assisted every way possible to help this employee lose weight, and keep the weight off, yet he did not stick to the health program.
I was the AWU union advocate.