Articles
A Terrible Tragedy – Lessons for Employers
It is unusual for issues of employment law to arise in a matter before the Coroners Court. Tragically, findings recently delivered by the Northern Territory Coroner highlighted the potential catastrophic consequences of inappropriate treatment and bullying in the...
Decisions and consultation – Saad v Ada Evans Chambers Pty Ltd & Anor
Decision: Saad v Ada Evans Chambers Pty Ltd & Anor [2018] FCCA 1832 (9 July 2018) Decision Date: 9 July 2018 Court/Tribunal: Federal Circuit Court of Australia Presiding: Nicholls J...
What is a Day in the Chocolate Factory?
Today a majority of the High Court overturned the Full Federal Court’s decision in Mondelez Australia Pty Ltd v Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union known as the Australian Manufacturing Workers Union (AMWU) & ORS [1] (‘the...
Employment & Migration Issues arising from the Coronavirus (COVID-19)
We have all be advised to avoid public gatherings and many upcoming sporting, entertainment and recreational events have now been cancelled. This raises the question of whether we should be travelling on crowded public transport to get to work? Employment...
Don’t Panic! Practical Assistance To Employers during the Coronavirus COVID-19 Pandemic
While the number of confirmed positive cases of the Coronavirus (COVID-19) (‘coronavirus’) continue to rise, employers need to be ready to step into action if the coronavirus impacts their business. There are a number of detailed articles currently available aimed at...
Splitting hairs: how reliable is hair analysis when testing for drug consumption in the workplace?
Hair testing results are still a matter of interpretation if you want to prove consumption of drugs by employees. In 2017 to 2018 I was involved in some novel litigation in the Industrial Relations Commission of New South Wales. The issue considered in that litigation...
NATURAL DISASTERS & EMPLOYMENT LAW
The catastrophic fires recently impacting Australia have given rise to longer-term issues for employers who are not able to quickly reopen their doors. We will be running a series of articles to address these issues and start below with the rights and...
Myth: I can alter any term of an Award by an Individual Flexibility Agreement (IFA)
This is not correct. Awards specify the provisions that may be altered by an IFA. Award provisions outside the specified terms cannot be altered. The modern award flexibility term allows an IFA to be entered into to vary award provisions...
Myth: If I do not have a written employment contract I only need to apply the National Employment Standards (NES) notice provisions in terminating employment.
This is not correct. It may be that an employee, particularly a long term employee, is entitled to reasonable notice in excess of the notice provided by the NES. What constitutes reasonable notice depends on the circumstances of each case but, as a general rule, the...
Myth: I do not need an employment contract I can just rely on the award.
Myth: I do not need an employment contract I can just rely on the award. Busted: We would not recommend this. An award is the industrial instrument that sets out the minimum terms and conditions of employment, awards do not necessarily deal with all matters that are...
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