What happens where an employer ‘botches’ an investigation and dismissal process? A recent High Court case has shed some light…and provides a useful reminder about the importance of following due process.
Employers are gearing up for a run of public holidays. Provisions requiring an employee to work on a public holiday in certain circumstances have been commonplace and not overly concerning. However, the Federal Court recently held that such a provision contravened the National Employment Standards.
Many employers (host employers) engage employees of labour hire companies, particularly in the building and construction, hospitality and manufacturing industries. However, what happens when one of these employees gets injured at the host employer’s work site? Who is liable for the injuries?
Employers have faced new obligations in dealing with requests for flexible working arrangements made under Section 65 of the Fair Work Act (the Act) since June 2023.
The Fair Work Commission (FWC) have again released their annual update for employment law. Here’s what employers need to know about the changes effective 26 August 2024.
As we move into the new financial year, the Fair Work Commission (FWC) have again released their annual update for employment law. Here’s what employers need to know about the changes.
Slowly but surely, most employers are requiring employees to return to the office for at least a portion of their working week. Some employers continue to struggle with employees resistant to returning to the office or those who have an expectation that they can continue to work from home whenever it suits them.
A recent decision to issue an intractable bargaining declaration (IBD) against an employer demonstrates the requirement for employers to engage in meaningful and genuine bargaining, and to consider making compromises they can live with to avoid risk later on.
The second part of the government’s Closing the Loopholes Bill was passed last week bringing in the latest significant tranche of industrial reforms to the Fair Work Act (the Act) and related legislation.
The NSW Government announced on 18 October 2023 that it is intending to introduce new laws for industrial manslaughter offences in workplaces.
Australian employment law has gone through substantial change over the last 12-months following amendments to the Fair Work Act.
Many businesses will be preparing for a shutdown period over the upcoming holiday season break. Earlier this year, standardised shutdown provisions were inserted into the majority of modern awards. These covered how you could direct employees to take annual leave or unpaid leave during an annual shutdown
Many workplaces have implemented a hybrid approach to work, allowing their employees to work from both home and the office.
Many employers question how they can appropriately manage the productivity of employees who are working from home.
Head of Employment Law, Shawn Skyring and Associate and Registered Migration Agent, Lisa Qiu provide the legal framework to address the employment law issues and concerns companies are facing as the COVID-19 situation continues to evolve.
The Fair Work Commission has now finalised the text for the casual conversion clause, which is to be inserted into 84 modern awards which did not already have a casual conversion clause.
Dealing with an employee who is not performing to the standard required of someone in their position can be a complex situation, so when you throw into the mix knowledge that they may be suffering from a mental illness, an already difficult situation can become a whole new level of complicated!
The results of the 2018 survey on sexual harassment in the workplace (conducted by the Australian Human Rights Commission and involving over 10,0000 Australian participants) are now in, and they have produced what I would consider to be some seriously concerning statistics!
The notice period is the most likely time that an employee will attempt to steal confidential information, so businesses need to manage the transition process carefully in order to get the most out of departing employees, while also protecting themselves from risk.
Departing employees often pose the greatest risk to the future goodwill of a business, as they have had the opportunity to form relationships with the client base and supplier network and may wish to take advantage of this knowledge.
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