The probation period is commonly used by employers to assess the suitability of an employee for ongoing employment. One of the reasons that the probation period is of benefit to employers is because, when aligned with the minimum employment period set out in the Fair Work Act 2009 (Cth), it allows an employer to end the employment relationship before an employee becomes entitled to protection from unfair dismissal.

You have hired an employee who appears to be perfect on paper, only to later discover that they have misrepresented or deliberately withheld information about their qualifications, employment history or problematic past. A simple and often overlooked way of mitigating unfortunate surprises like these is conducting pre-employment checks to verify whether a candidate is as suitable, qualified and impressive as their resume or interview has portrayed them to be.

There is no doubt that the COVID-19 lockdowns have changed the way in which most businesses work. While working remotely has provided employers and employees with flexibility, many employers have now started directing employees to return to the workplace either full-time or under hybrid working arrangements.

When conducting workplace investigations, one issue that we commonly face is ensuring that the process is completed in a timely manner to minimise any disruption and uncertainty in the workplace. However, whilst investigations should be completed as quickly as possible, this must not come at the expense of procedural fairness being provided to all employees involved.

Many employees are excited about upcoming Christmas parties and end of year functions. However, increasingly complex employment laws and the rise in work-related complaints are causing employers to carefully think about hosting such events.

In a recent decision of the NSW District Court, a sole trader has been convicted and fined $100,000 for breaching his health and safety duty under the Work Health and Safety Act 2011 (Cth), which resulted in workers being exposed to a risk of death or serious injury.