Articles
Anti-Bullying Jurisdiction of the FWC – Roaring Lion or Toothless Tiger?
In 2014, the Australia Government responded to a report: Workplace Bullying “We just want it to stop”[1] by amending the Fair Work Act 2009 (Cth) (“FW Act”) and establishing an anti-bullying jurisdiction under the auspices of the Fair Work Commission (“FWC”). This...
A Trickier Annual Leave Question!
Does annual leave accrue when employees are “locked out of the workplace” during a period of employer response action? You’ve no doubt seen our Annual Leave series ( Part 1 and Part 2), and now we bring you a more discreet issue concerning annual leave accruals. This...
Annual Leave Series: The Basics Part 2
Welcome to Part 2 of our Annual Leave Series: The Basics. If you missed it, make sure to read Annual Leave Series: The Basics Part 1. We continue on with some trickier questions about annual leave. Q: Can I allocate annual leave entitlements at the end of the first 12...
Annual Leave Series: The Basics Part 1
This is Part 1 of a two part series about the basis of annual leave entitlements. We thought it would be useful to give some general information about an area of HR/employment law that seems so simple...yet can be confusing (and get you in strife) if you don't...
A Terrible Tragedy – Lessons for Employers
It is unusual for issues of employment law to arise in a matter before the Coroners Court. Tragically, findings recently delivered by the Northern Territory Coroner highlighted the potential catastrophic consequences of inappropriate treatment and bullying in the...
Decisions and consultation – Saad v Ada Evans Chambers Pty Ltd & Anor
Decision: Saad v Ada Evans Chambers Pty Ltd & Anor [2018] FCCA 1832 (9 July 2018) Decision Date: 9 July 2018 Court/Tribunal: Federal Circuit Court of Australia Presiding: Nicholls J...
What is a Day in the Chocolate Factory?
Today a majority of the High Court overturned the Full Federal Court’s decision in Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) & ORS [1] (‘the...
Employment & Migration Issues arising from the Coronavirus (COVID-19)
We have all be advised to avoid public gatherings and many upcoming sporting, entertainment and recreational events have now been cancelled. This raises the question of whether we should be travelling on crowded public transport to get to work? Employment...
Don’t Panic! Practical Assistance To Employers during the Coronavirus COVID-19 Pandemic
While the number of confirmed positive cases of the Coronavirus (COVID-19) (‘coronavirus’) continue to rise, employers need to be ready to step into action if the coronavirus impacts their business. There are a number of detailed articles currently available aimed at...
Splitting hairs: how reliable is hair analysis when testing for drug consumption in the workplace?
Hair testing results are still a matter of interpretation if you want to prove consumption of drugs by employees. In 2017 to 2018 I was involved in some novel litigation in the Industrial Relations Commission of New South Wales. The issue considered in that litigation...
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