Employment Disputes

The highly anticipated joint Parliamentary Committee report on whistleblower protections was released in September 2017, and with it came a series of sweeping recommendations for reform to whistleblower protections. These recommendations are likely to form the basis of legislative change, to bring Australia in line with comparable jurisdictions such as the USA and the UK. […]

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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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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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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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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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