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,
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
Here’s what workplaces need to know The NSW Government announced on 18 October 2023 that it is intending to introduce new laws for industrial manslaughter
Australian employment law has gone through substantial change over the last 12-months following amendments to the Fair Work Act. Many believe that the government’s latest
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
Co-authored by Lara So and Jason Vo COVID-19 forced workplaces to implement remote working arrangements. Now operating in a post-pandemic context, many workplaces have implemented
Co-authored by Lara So Many employers question how they can appropriately manage the productivity of employees who are working from home. Since COVID lockdowns resulted
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.
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 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.
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.
When an employee notifies his / her employer that they wish to terminate their employment, their employment will automatically terminate when the relevant notice period expires. What happens when an employee wishes to withdraw their resignation?
When an employee resigns, it is often prudent for their employer to keep the departing employee on their books. During this period, the employer may instruct the employee not to attend their place of work – but to still remain available to perform duties as directed. This is commonly known as ‘gardening leave’.
To successfully defend an unfair dismissal claim, an employer must be able to satisfy the Fair Work Commission (FWC) that the dismissal was not harsh, unjust or unreasonable.
Employers have been put on notice to take a more cautious and methodical approach to consultation with employees before redundancies after the Fair Work Commission reasserts the importance of proper consultation processes.
In a recent Fair Work Commission decision (Eather v Whitehaven Coal, Deputy President Sams, 1 January 2018), the FWC had no sympathy for an employee whose employment was terminated when he recorded 18mcg of cannabinoids, compared to the Australian Standard of 15mcg as the maximum allowable.
In a recent Queensland District Court decision, Robinson v Lorna Jane (Judge Koppenol, 3 November 2017), Ms Robinson made a common law claim for psychological and physical injuries, which she claimed arose from her employment between July and December 2012 as the manager of a Lorna Jane store.
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