Employers Beware: Proposed Legislation to Criminalise Wage Theft
Employers Beware: Proposed Legislation to Criminalise Wage Theft The criminalisation of wage theft is imminent as changes to the Fair Work Act are set to outlaw underpayment of employees wages,...
Social Media Policies – What should they include?
For the newest generation of workers, social media has been part of most, if not all of their lives. Their attitudes and habits in using social media are quite different from other generations. What...
New Sexual Harassment Laws Introduced to Parliament
The newly elected Labor Government is re-visiting recommendations emanating from the Sex Discrimination Commissioner’s Respect@Work Report from 2020 and introducing new legislation to further...
FWC Upholds New Employee v Contractors Rules – But Maybe Not for Long
Earlier this year we reported an important case in the High Court (“the Jamsek Case”) where the High Court departed from the long-held criteria in determining whether or not a worker was an...
Record General Protections Payout for Bullying and Harassment
In the case of Leggett v Hawkesbury Race Club, the Federal Court has ordered the Club to pay out $2.8 million to the employee who had her life “destroyed” after being subjected to “increasingly...
Wage Theft & Secure Employment on Agenda for New Government
Wage Theft and secure employment are on the Agenda for the New Government, amongst other policies. We explore what this may mean in terms of changes in industrial relations law and reform in...
Dismissal of Employees During Probation
With so many businesses in the process of recruiting new staff, we are often required to provide advice on dismissal of employees during probation, and in particular around the subject of whether or...
Best Practice for Probation Dismissals
Do you have to provide a reason for dismissal? In the realm of recruiting new talent, the issue of dismissing an employee during their probationary period often arises. A key question that...
Sexual Harassment and Vicarious Liability – Key Lessons For Employers From VCAT Decision
In a recent case with the Victorian Civil Administrative Tribunal (VCAT), an employer was found to be vicariously liable for a perpetrator’s conduct against his colleague, and fined hefty amount in...
Termination & Social Media
In 2010, when social media was still largely in its infancy, it was common practice for people to announce in their ‘about me’ sections that their views were ‘expressly their own’. The exercise was...
Employee Dismissed for Operating a Business During Work Time
In a recent case the Fair Work Commission (FWC) discussed the limits that an employee is able to conduct a business external to the employer’s business during work time. The FWC has recently ruled...
High Court Takes Common Sense Approach to Question of Employee v Contractor
The question as to whether a worker is an employee or contractor has been a source of consternation for decades. However, last week the High Court has now provided some clarity to the question and...
Retaining your Team through The Great Resignation
2021 was coined the year of the ‘Great Resignation’ with workers quitting their jobs in droves, and the trend is set to continue with research by PwC & Deloitte suggesting that 40% of workers...
BHP Case Provides Guidance for Mandatory Vaccination Policies
The Fair Work Commission (FWC) has ruled against the vaccine mandate of mining giant BHP at the Mt Arthur coal mine in New South Wales, stating that the company failed to "reasonably consult" with...
FWC to Determine Mandatory Vaccinations in the Workplace
In what is hoped to be a case which provides clear guidance to employers, the Fair Work Commission (FWC) will hear the CFMMEU's challenge to BHP's mandatory COVID-19 vaccination policy later this...