Resources: Blogs

Blogs

Workplace Law's Blogs featuring amendments to the Fair Work Act and more.

“Boo” or “Boo-Urns”

Australia’s racial discrimination laws – Does intention matter?

There was much conversation last week regarding the certain sections of AFL crowds booing and jeering former Australian of the Year, Adam Goodes. As most people know Adam is a Sydney Swans AFL player, a proud indigenous man and a prominent advocate on behalf of the Australian indigenous community.

Read more...

What to do about employees charged with criminal offences?

What to do about employees charged with criminal offences?

Employers are often faced with the challenging task of how to approach the situation where an employee falls foul of the law as a result of conduct in their personal life.

Read more...

Psychological and physical conditions can be treated the same for the purpose of an employer assessing whether or not an employee is fit to perform the inherent requirements of his/her role

Inherent Requirements and Psychological Conditions

As our readers are aware, we have previously blogged about including psychological testing as part of a pre-employment medical. Building on that theme we now comment on a recent FWC decision involving an employer’s ability to have existing employees undergo a psychological medical examination.

Read more...

Employers are often in a difficult position when requested by employees to accommodate the loss or suspension of their drivers’ licence

[No] ticket to drive – A lesson for employers

In the recent case of Mr Christopher K v Linfox Australia Pty Ltd [2015] FWC 3967 the Fair Work Commission confirmed that there will be a valid reason for the termination of an employee’s employment where they are unable to perform the inherent requirements of their position.

Read more...

Confidentiality in investigations

FWC recognises importance of confidentiality in employer investigations

Employers will make every effort to maintain confidentiality when it comes to employees who give evidence as part of an investigation. However, should a matter eventually end up before the Fair Work Commission (or similar tribunal) there is no guarantee that the confidentiality will be upheld.

Read more...

California (USA) Labor Commission rules Uber driver is an employee

Uber drivers... contractors or employees?

In California, a Commissioner has said that an Uber driver who connects with his customers through the Uber app must be considered to be an employee. This means that Uber drivers are now eligible for reimbursements for expenses and for the minimum wage.

Read more...

Employees raising concerns about workplace issues or incidents must not only be willing to complain, but also to then support the employer who acts in relation to that complaint once the matter comes to trial

Employee witness support for employer’s actions essential in FWC

The widely reported decision of Commissioner Stanton in William F v Mt Arthur Coal Pty Ltd [2015] FWC 2343 highlights the importance of witnesses participating in the FWC’s hearing processes.

Read more...

While induction programs are a way for employers to introduce new employees to their organisation, a WHS induction program is an equally essential step in the new starter process

The importance of WHS training during employee induction

The implementation and delivery of a work health and safety (WHS) induction program is an important part of the development of a positive workplace health and safety culture for an organisation.

Read more...

All PEMs should be specifically tailored, as different jobs have different requirements

The value of pre-employment medical examinations

Organisations have obligations to ensure the health and safety of their employees. One way for organisations to manage the risks is by making use of pre-employment medicals (PEMs).

Read more...

Close shave

What can we say in our appearance policies and dress codes about beards?

The rate of men growing their beards is increasing all thanks to the current hipster trend. Beards may be non-controversial in some working environment and not permitted in others. When confronted with a growing trend towards facial hair, employers requiring a clean shaven look may be challenged as to the reasonableness (or otherwise) of their appearance requirements for employees.

Read more...