Resources: E-updates

E-updates

The latest industry updates with commentary from Workplace Law.

Managing Workplace Behaviour: "You Get What You Tolerate"

Key Takeaways from our Webinar

In our August webinar, our Managing Director and Principal, Athena Koelmeyer, discussed the challenges faced by modern employers when managing workplace behaviour. In that webinar, Athena examined a number of recent unfair dismissal decisions of the Fair Work Commission which provide some good guidance for employers.

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Cases and Legislation August 2020

Workplace Relations Review

‍NEWS ALERT - Paid Pandemic Leave introduced into Health Sector Awards Over the course of 2020, the Full Bench of the Fair Work Commission (the Full Bench) has heard and determined applications to vary modern awards to deal with the COVID-19 pandemic.

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Cases and Legislation July 2020

Workplace Relations Review

Adverse action – the workplace right to make a complaint about employment, the reverse onus on the employer, Unfair dismissal – the minimum employment period, summary dismissal and other factors to be considered

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Cases and Legislation June 2020

Workplace Relations Review

Cases and Legislation June 2020 NEWS ALERTS NSW Work Health Safety Legislation Amendments The Work Health and Safety Act 2011 (NSW) (WHS Act) was recently amended giving effect to some of the recommendations of the 2018 national review of the modern WHS Act. ...

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Resumption of Play - What employers and HR need to focus on for the rest of 2020

Special Edition E-update

Cases and Legislation June 2020 NEWS ALERTS NSW Work Health Safety Legislation Amendments The Work Health and Safety Act 2011 (NSW) (WHS Act) was recently amended giving effect to some of the recommendations of the 2018 national review of the modern WHS Act. ...

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WorkPac Pty Ltd v Rossato [2002] FCAFC 84 - What does this mean for the future of casual employment in Australia?

Special Edition E-update

WorkPac Pty Ltd v Rossato [2002] FCAFC 84 - What does this mean for the future of casual employment in Australia? "Casual" employee entitled to paid leave, employer denied casual loading "off set" WorkPac Pty Ltd v Rossato [2020] FCAFC 84 Executive summary...

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Cases and Legislation April 2020

Workplace Relations Review

Cases and Legislation April 2020 NEWS ALERTS Temporary amendments to the Long Service Leave Act 1955 (NSW) In response to the COVID-19 pandemic, the NSW Parliament passed a set of temporary amendments to the Long Service Leave Act 1955 (NSW) to introduce greater...

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Annualised Salary Arrangements

Special Edition E-update

From 1 March 2020, a number of modern awards were amended to include new provisions dealing with annualised salary arrangements. In this special edition e-update we provide a summary of these changes, outline what employers should be doing and what the changes mean for employees.

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Cases and Legislation February 2020

Workplace Relations Review

Cases and Legislation February 2020 Post-Employment Conduct “Ex-employee fined for contempt after breaching Court undertakings" Maxilift Australia Pty Ltd v Donnelly [2020] SASC 8 Executive summary A former sales manager has been fined $7,115 and found in contempt of...

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End of Year 2019 - Part Two

Workplace Relations Review

Sexual harassment and discrimination in the workplace, Consequences of recording keeping failures

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Decision

Workplace Relations Review

Industrial manslaughter and work health and safety, disability and reasons for dismissal

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Cases and Legislation October 2019

Workplace Relations Review

Drunkenness and vomiting at after work drinks did not justify employee's dismissal.

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Cases and Legislation September 2019

Workplace Relations Review

Employers' duty of care for employees, duty of care and contributory negligence, workers compensation and working from home, multiple roles and overtime, general protections and reason for adverse action.

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Cases and Legislation August 2019

Workplace Relations Review

Employee conduct and codes of conduct, employers’ liability and employee out-of-hours conduct, employer in breach of privacy laws, redundancies and suitable alternative employment, workplace bullying and disciplinary action

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Cases and Legislation July 2019

Workplace Relations Review

Workplace investigations and the disciplinary process, labour hire company convicted, review of Miscellaneous Award 2010, recruitment, criminal records and discrimination, sports Law - player suspensions and stand downs

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Cases and Legislation June 2019

Workplace Relations Review

Work Health & Safety, Employment Issues, Modern Awards, Discrimination & Harrassment

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Cases and Legislation May 2019

Workplace Relations Review

Employment Issues, Adverse Action & Unfair Dismissal, Industrial Issues

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Cases and Legislation March 2019

Workplace Relations Review

Modern Awards, employment issues, industrial issues, Bullying, Harassment and Discrimination, Work Health & Safety, Worker's compensation.

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Casual Employees

Workplace Relations Review - Special E-update February 2019

What is Casual Employment? Recent developments, possible claims, action plan.

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2018 Key Moments and 2019 Forecast

Workplace Relations Review

Casual Employment, Supply Chain, Contracts, Gig Economy, Restraints of Trade, Enterprise Agreements, Work Health & Safety.

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Workplace Law's 2018 Christmas Party Guide

Workplace Law's 2018 Christmas Party Guide

In our Guide we discuss some of the more interesting cases involving work social functions and offer you practical tips on how to plan and host a work social function and best practice strategies for dealing with the aftermath of an event gone wrong.

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Workplace Relations Review - Cases and Legislation - September 2018

Workplace Relations Review - Cases and Legislation - September 2018

Employment Issues, Modern Awards, Unfair Dismissal / Adverse Action, Work Health and Safety, Workers Compensation

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Workplace Relations Review - Cases and Legislation - August 2018

Workplace Relations Review - Cases and Legislation - August 2018

Employment Issues, Industrial Issues, Bullying, Harassment and Discrimination, Unfair Dismissal / Adverse Action, Modern Awards, Workers Compensation

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Workplace Relations Review - Cases and Legislation - July 2018

Workplace Relations Review - Cases and Legislation - July 2018

Employment issues, industrial issues, bullying, Harassment and Discrimination, Work Health & Safety, Workers Compensation

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Annual Wage Review Decision 2018

June 2018 Special E-update

National minimum wage increase (award/agreement-free employees), Minimum wages in modern awards, What does the annual wage review decision mean for employers?

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3 key areas of Workplace Relations in 2018

Workplace Relations Review - Cases and Legislation – January 2018

In this January 2018 edition of “Workplace Relations Review – Cases and Legislation” we identify three key areas on which we suggest employers should focus in 2018.

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Full Bench finds that wearing campaign material and badges alone is not industrial action

What's Trending in Workplace Relations – November 2017

Full Bench finds that wearing campaign material and badges alone is not industrial action; Casual employee compensated for breach of casual conversion clause; No major change for consultation purposes where just 23 out of 3,000+ employees face possible redundancy; Teacher charged and later acquitted of indecent assault was unfairly dismissed; Employee convicted of WHS offence for activity at client’s premises; NSW WCC says workplace gossip

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What is a “close down”?

Is Your Business Thinking About an Annual Close Down?

With Christmas only 6 weeks away, it is important for employers to plan and confirm their Christmas/New Year close down. Decisions must be made as to whether to close down at all and, if so, when the close down will commence and when to give employees notice.

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How to minimise the risks of the end of year party before, during and after the event

Our Guide to Not Getting Your Tinsel in a Tangle this Silly Season

The end of year silly season is seen by employees as that time of the year where they can let down their hair, celebrate with their colleagues and reward themselves for their hard work. Unfortunately, the silly season is also a time that is fraught with risks for employers.

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New Fair Work laws protecting vulnerable workers commence

What's Trending in Workplace Relations – September 2017

Update – New Fair Work laws protecting vulnerable workers commence; Jewish law incorporated into Rabbi’s contract; Broker ordered to pay damages after breaching post-termination restraints; Moving a redundancy date forward found to be adverse action; Employer found to have dismissed employee because of pregnancy, not as a result of document formatting errors; Alert – Queensland to introduce ‘Industrial’ Manslaughter Offence; Employer fined under WHS laws following a fatal forklift accident; Managerial inaction and mistreatment caused psychiatric injury; Alert – New pay deal for players in the W-League

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Post-employment restraints unenforceable following employer’s repudiatory conduct

What's Trending in Workplace Relations – August 2017

Post-employment restraints unenforceable following employer’s repudiatory conduct; FWC Commissioner on a mission to set employers’ termination processes straight; Constructive dismissal from reduction in shifts; Full Bench finds that labour hire employee who was denied host site access was unfairly dismissed; Bullying application dismissed: Conduct was not repeated unreasonable behaviour; Employer agrees to $1.5 million Enforceable Undertaking

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Special Edition E-Update – July 2017

Union Right of Entry; Permit Holders; Right of Entry; Entry Notices; Requirements for Union Officials; Requirements for Employers; Sydney FC Extend Partnership With Workplace Law

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Employee reinstated after employer failed to make reasonable inquiries regarding return to work

Employment Law & Workplace Safety E-Update – July 2017

Coming soon – Casual conversion clause; FWC rejects ATCU family and domestic violence leave clause but leaves door open for narrower family and domestic violence leave entitlement; Employee reinstated after employer failed to make reasonable inquiries regarding return to work; Coming soon – Amendments to WHS law in NSW – New penalties for repeat offenders

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Annual Wage Review Decision 2017 and Penalty Rates Transitional Arrangements

Special Edition E-update – June 2017

The Fair Work Commission (FWC) has announced the outcome of the Annual Wage Review (AWR) and in a separate decision, the Full Bench of the FWC has set out the arrangements for the reduction in Sunday and Public Holiday penalty rates.

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Manage the Challenge: Restructuring and Redundancies

Special Edition E-update – June 2017

For employers, the decision to make significant changes to the way a business operates is a difficult one – especially where positions are made redundant. This makes an already challenging time even more difficult emotionally and financially.

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HRD Employer of Choice Awards 2017

Special Edition E-update – May 2017

Workplace Law is excited to announce it has been named as an Employer of Choice in the 2017 HRD Employer of Choice Awards.

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How can your company become an ‘employer of choice’?

Best Practice Employer Checklist

To help your company to be an ‘employer of choice’ for your current and prospective employees download our Best Practice Employer Checklist.

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Accountancy firm found to be accessorily liable for underpayments

Employment Law & Workplace Safety and Insurance E-update – May 2017

The Fair Work Commission introduces changes to the agreement approval process; The Fair Work Ombudsman proposes new Bill to address record keeping for vulnerable workers; Accountancy firm found to be accessorily liable for underpayments; Unions and union organisers penalised for their involvement in unlawful industrial activity; Employer ordered to pay $10,000 in damages to job candidate for discrimination based on mental illness; Injury from rugby league charity match not compensable; Cleanaway fined $650k over Adelaide chemical fire

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Worker awarded compensation for heart attack from work-related depression

Employment Law & Workplace Safety and Insurance E-update – April 2017

Worker awarded compensation for heart attack from work-related depression; Security guard fails to establish that work at a hospital is noisy employment; Principal contractor to share liability with employer for crane dogman’s three meter fall; Former business development manager ordered to deliver up electronic devices for examination; ABCC releases new guidance for compliance with the national construction code; NERR changes have now commenced; Full Federal Court decision confirms meetings or discussions could be held in multipurpose area; Deed of release with former employee withstands unlawful discrimination challenge; Mentally ill employee not a victim of adverse action because he failed to be contactable during absence

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Inappropriate and discriminatory – What questions should employers ask candidates during job interviews?

Employment Law E-Update - March 2017

Update – Delay to changes to late night penalties; VP Watson delivers his decision declining family and domestic violence leave in Modern Awards ahead of the Full Bench decision; Employee’s bid for reinstatement under workers compensation legislation fails; Update – Variations to the Section 173 Notice of Employee Representational Rights; Inappropriate and discriminatory – What questions should employers ask candidates during job interviews?; Refusal to employ applicant with back condition was adverse action by the AFP.

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Former NRL player commences first concussion legal action

Workplace Insurance and Safety E-update - March 2017

Court of Appeal decision – Host employer not liable for attempted murder by labour hire worker; NSW employer fined over $200,000 for misleading SWMS; Employer fined $120,000 for serious WHS breaches after failing to follow own SWMS; Former NRL player commences first concussion legal action.

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FWC Penalty Rates Decision

Employment Law E-Update - February 2017

FWC Penalty Rates Decision; Update – Senate passes amendments to ABCC legislation; Director and Payroll Manager held personally liable for underpayments; Dismissals unfair as employer failed to consider voluntary redundancy swaps; Update – Enterprise Agreement approval and the Notice of Employee Representational Rights; Employer vicariously liable under anti-discrimination law for sexual assault; Dismissal for ‘tagging’ employees on Facebook was harsh; Inherent requirements of a role must also consider how duties are performed; Club’s dismissal of employee for not being a ‘team player’ did not warrant summary dismissal.

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Counselling session was reasonable management action

Workplace Insurance and Safety E-update - February 2017

Counselling session was reasonable management action; Consequential condition claim rejected for failure to provide sufficient evidence of ‘overuse’ activities; Host employer liable for worker’s back injury; Employer fined after cutting corners.

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What is the ‘gig’ economy?

Special Edition E-update - February 2017

The rise of the 'gig' economy brings with it some important legal considerations for employers. This e-update outlines what the 'gig' economy is, relevant information about the 'gig' economy in Australia, an example of a key case and the benefits and risks.

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Employee too resistant to change for reasonable redeployment

Employment Law E-Update - December 2016

Employee too resistant to change for reasonable redeployment; Roof-tiler found to be an employee and not an independent contractor; Casual labour hire employee found to have entitlement to annual leave; Striking workers penalised by Federal Court for unlawful industrial action; Reasonable test demonstrates employee’s perception of bullying misplaced; Employee reinstated after employer’s investigation process was flawed; Merry Christmas & Happy New Year!

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FWC Annual Report released

Employment Law E-update - November 2016

FWC Annual Report released; Reminder – Retail trading on Boxing Day; CFOs post-employment restraints unenforceable; FroYo master franchisor penalised for involvement in workplace law contraventions; High Court provides further guidance on vicarious liability; Employer ordered to pay $1,300,000 compensation in adverse action decision; Employer ordered to disclose confidential investigation report; 2017 Payroll Benchmarking Survey - Now Open.

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Out of hours phone call confirmed as reasonable management action

Workplace Insurance and Safety E-update - November 2016

Out of hours phone call confirmed as reasonable management action; Presidential decision confirms the limits in the use of multiple medical reports in workers compensation proceedings; Employer fined $240,000 following safety incident involving work experience student; The NSW District Court clarifies the application of the primary duty of care.

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Key issues arising in the sporting employment relationship

Special Edition E-Update – Sporting Organisations and Australian Workplace Laws

Australian businesses are required to comply with a range of workplace laws which govern the employment relationship and apply in the employment context. Sporting organisations, like other employers, must also comply with Australian workplace laws regardless of whether employees are professional athletes and whether the “workplace” is the sports field or the locker room.

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Ho Oh No! – The Approach of Silly Season and How to Minimise the Risks

Special Edition E-Update - Christmas & Work Functions

Silly season is fast approaching and it is time for our annual reminder to employers about the risks associated with end of year functions, events and parties. We also provide some tips on how to minimise the risks before, during and after the event.

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Changes to TOIL for Award-covered employees

Employment Law E-update - September 2016

Changes to TOIL for Award-covered employees; Annual leave changes for Award-covered employees; FWC Full Bench confirms no scope for discretion with deficient Notice of Employee Representational Rights; FWC Full Bench rules on labour hire employer obligations; Employer’s failure to follow process resulted in unfair dismissal finding; Anti-bullying guides updated by Safe Work Australia; Proposed changes to s18C of the Racial Discrimination Act 1975 (Cth).

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