Category: Case Studies


A recent decision of the Fair Work Commission (FWC) provides insight into the meaning of “acceptable” alternative employment and when the FWC will use its discretion to reduce a redundancy payment in circumstances where an employee, whose position has become redundant, has declined an offer of alternative employment.

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The prevalence of mental health issues and its impact on individuals and the workplace is now well-known and accepted by employers. Around 45% of Australians between 16- 85 experience a mental health condition at some point in their lifetime1. In a given 12-month period, one in 5 Australians will have experienced a mental health condition2.

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In recent months there have been several important developments which affect businesses which employ casual employees directly or use casual labour hire workers.

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This case study is referred to in our article Redundancy consultation obligations

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The below case studies are referred to in our article The minefield of on-hire workers

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Scleroderma Victoria is a small volunteer-run group which provides support, information and advocacy for those living with scleroderma and their families. The organisation received portable oxygen concentrators (medical equipment) as part of a bequest, and started to loan these to terminally ill members who have lung complications due to scleroderma.

The organisation required a loan agreement which would properly protect them (as far as possible) from liability in the event of something going wrong with the equipment. As a charitable organisation, Scleroderma Victoria did not have the funds to pay a lawyer, and approached Justice Connect for assistance.

Upon hearing of the charity’s need through Justice Connect, Rigby Cooke Lawyers were pleased to offer pro-bono legal assistance to Scleroderma Victoria.

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