Articles
The End of JobKeeper = Challenges for Employers – Part 1
Since March 2020 employers have faced mounting challenges as a result of the COVID-19 pandemic. As JobKeeper 2.0 has now come to an end (28 March 2021) we thought it timely to address some questions that may arise for employers. The initial JobKeeper scheme certainly...
End of Year Bulletin No. 1 – Annual Shut Downs, Annual Leave and Public Holidays
As the shelves fill with candy canes and mince pies, it’s time to start thinking about the traditional workplace end of year shutdown. While this article provides you with broad information on the topics of annual shutdowns, annual leave and public holidays, many of...
Artificial Intelligence and Managing Employee’s Rights
As Artificial Intelligence (AI) continues to shape the modern workplace, it is paramount employers and policymakers address AI issues proactively and as they arise. Balancing technological advancement with the protection of employee rights is essential to ensure a...
Redundancy series No. 5 – Selection for Redundancy
Previously, we have considered the necessary steps in planning a restructure and consultation. Once you have gone through those processes, the next step is identifying the employees who hold the roles which are excess to requirements and therefore redundant....
Redundancy series No. 4 – Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45
We have written about what a redundancy is, planning for redundancy and consultation so far in our redundancy series. Today we wanted to demonstrate some of the relevant principles by way of recent case law. One such case is that of Helensburgh Coal Pty Ltd v Bartley...
Redundancy series No. 3 – Consultation
In previous articles we have stepped through what a genuine redundancy is and what to be mindful of when planning a restructure. Once the planning is complete, next comes consultation with employees. Section 389(1) of the Fair Work Act 2009 (Cth) requires that...
Redundancy series No. 2 – Planning a Restructure
It’s well known that the cost of living has increased post pandemic and businesses are not immune to these impacts. This is article 2 of our series of articles on redundancy. In this article we look at planning for a restructure. The first critical step in planning...
Redundancy series No. 1 – What is Redundancy?
It’s well known that the cost of living has increased post pandemic and businesses are not immune to these impacts. We’ve noticed an increase in queries about redundancies which has led us to thinking about the importance of getting it right. The process of...
When can a resignation be considered a dismissal?
The Fair Work Commission has recently determined a number of cases on the question of constructive dismissal. In each of these cases the employee claimed that whilst they resigned from their employment, their resignations were not voluntary in the true sense, and...
Sexual Harassment Positive Duty
The issue of sexual harassment has become increasingly topical. The critical question that is often asked – why is more not being done to prevent sexual harassment? In November 2022, the Federal Government passed legislation imposing a ‘Positive Duty’ on all...
Employee’s Right to Disconnect
Today (8 February 2024), the Fair Work Legislation Amendment (Closing Loopholes No.2) Bill 2023 (the Bill) was passed in the Senate. The Bill amends the Fair Work Act 2009 (Cth) (the FW Act). Following debate in the Senate on 7...
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