Recent Blogs

Guidance from the High Court on vicarious liability means your employment contracts, position descriptions and delegations need to clearly define an employee’s approved areas of responsibility. Because of the concept of ‘vicarious liability’, an employer who or which has done nothing wrong can be responsible for the wrongful actions of an employee. The critical question […]

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The Federal Government has introduced extensive changes to the Fair Work Act 2009 (FW Act) to massively increase penalties for businesses that underpay workers; engage in ‘serious contraventions’ regarding employee entitlements; and/or fail to keep records, such as pay-slips.  Penalties for ‘serious contraventions’ are increased tenfold, meaning that the maximum fine for a company will […]

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Now that the Federal Government has secured cross-bench support to make some critical changes to the Code for the Tendering and Performance of Building Work 2016 (Code), building contractors need to make sure all enterprise agreements (EAs) are Code compliant before they tender for any new federally-funded construction work.  Prudent building contractors will act now. […]

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Criminal charges against a teacher will not automatically result in the termination of the teacher’s employment without the employer taking proactive steps, says a recent Federal Court of Australia decision. The decision resolves a discrepancy between two Fair Work Commission Full Bench (FWCFB) decisions dealing with teachers, White v Mahony [2015] FWCFB 4952 (Mahony’s case) […]

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Some employers manage excessive absences from work reactively. They may receive a series of vague and short medical certificates that refer to the worker having, for example, a ‘medical condition’. Precious little detail is provided about the worker’s condition and likely date for a return to work. To get some clarity around the worker’s condition […]

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As the holiday season approaches, many employers are starting to organise their end of year parties to celebrate the year, build morale and encourage team bonding. An often-overlooked aspect of planning these parties is the employer’s legal risks and responsibilities. Whether it is held during or after office hours the end of year party, like […]

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Employees often make more than one claim against their employer – or in racing terms, try for a quinella or trifecta of claims. Whether more than one claim can succeed depends on the nature of the claims; sometimes the law will not allow it.

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Timing is everything

Uncategorized

A recent Full Bench decision of the Fair Work Commission (FWC) has emphasised the strict approach the FWC will take in assessing compliance with pre-approval steps for enterprise agreements under the Fair Work Act 2009 (Cth) (FW Act). Section173(3) of the FW Act requires that an employer must give a Notice of Employee Representational Rights […]

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Investigating workplace issues

Employment Disputes

We are often asked to assist clients with workplace investigations. The logistics of conducting an investigation will vary; and deciding how to approach the task usually involves answering some or all of the following questions. What is the investigation seeking to achieve? What are some of the possible results? Should there be an internal or […]

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The new financial year brings important changes to the national minimum wage, minimum wage rates in modern awards and the high income threshold for unfair dismissal access and for high income guarantees. Stay up to date with this handy reference sheet. The below table outlines the pre 1 July 2016 and post 1 July 2016 […]

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