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

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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

What’s your HR strategy for the new Financial Year?

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Employment Law E-update – June 2017

Planning for the new Financial Year – Checklist; Update – Penalty unit to increase from $180 to $220; Ordinary and customary turnover of labour exception disentitled employee to redundancy entitlements; Board member found to be a ‘worker’ under anti-bullying laws; No direct or indirect discrimination by the employer in dismissing a mechanic fitter; The FWC finds informal performance management to be a sufficient basis for termination of employment; Redundancies not genuine where jobs continue to exist on lower wage.

Annual Wage Review Decision 2017 and Penalty Rates Transitional Arrangements

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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.

Manage the Challenge: Restructuring and Redundancies

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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.

Accountancy firm found to be accessorily liable for underpayments

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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

Worker awarded compensation for heart attack from work-related depression

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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

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

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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.

Former NRL player commences first concussion legal action

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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.

FWC Penalty Rates Decision

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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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