‘Loosening the reins’ in modern workplaces does not define the employment relationship
Remote control
Employers should be mindful of the risks of mischaracterising a worker when engaging them to perform work.
Read more...In this month’s edition of Conversations our feature discussion is on older employees. We look at the value older employees can add to a business – think of the movie The Intern starring Anne Hathaway and Robert De Niro. We also tackle the issue of age discrimination in recruitment and look at ways to keep older employees engaged as workplaces embrace technology. We close off the discussion in our blog titled End of the line by looking at a recent age discrimination claim arising out of a termination.
Speaking of technology, we discuss the appropriateness of sms as a method of employer/employee communication in our blog titled I'll txt you the deets.
The run to Christmas has begun and over the next few weeks employees will be submitting their annual leave requests to enjoy some festive downtime over summer. In our blog Leavin’ on a jet plane we look at how employers and employees should manage requests for annual leave.
Next in our blog Is this thing on? we look at ways employers can avoid evidentiary problems with the classic ‘he said/she said’ scenario.
Finally, in #TakeAKnee we explore what happens when politics and sports collide with reference to the NFL and what protections Australian sportspeople have under Australian workplace legislation.
We hope you enjoy this edition of Conversations and that it sparks some interesting discussions over coffee at your workplace!
Age is just a number
Wise, worldly and working – Age discrimination and employment
For the first time in history, there are five generations of Australians participating in the workforce at once, and whilst it’s widely acknowledged that Australia has an aging population, what is less commonly appreciated is the pressure for older Australian’s to remain in the workforce.
Part 1: Selfie time – Video “Snaplications” and the potential for age discrimination in recruitment
We’ve all heard of “blind” recruiting, particularly in the early phases of the recruitment process, but what about the opposite? Actively recruiting based on a visual medium? Look no further than the “Snaplication.”
Part 2: Just Google it – Age discrimination and technology in the workplace
Many employers (either consciously or unconsciously) shift their focus to invest in training and development of younger employees, assuming that they are more receptive to technological changes. This mindset has the potential to expose employers to discrimination claims by those employees who feel left out.
Part 3: End of the line – Older workers and discrimination on termination of employment
In the recent decision of McEvoy v Acorn Stairlifts Pty Ltd [2017] NSWCATAD 273, an employee was successful in his claim that he was directly discriminated against on the basis of his age and disability under the Anti-Discrimination Act 1977 (NSW) when his employment was terminated.
Texts, leave and videotape
I'll txt you the deets: The perks and pitfalls of texting in the employment relationship
Text messaging is generally a good way for people to communicate but unfortunately there are some major drawbacks to the use of text messaging in the employment context. We have noticed a steady increase in cases before the Fair Work Commission (FWC) where text messages have contributed to the dispute.
Is this thing on? Recording meetings and other strategies for substantiating workplace discussions
How often have you heard different versions of events when it comes to workplace disputes? We discuss what strategies to take to secure credible and reliable evidence should the dispute end up in litigation.
Leavin’ on a jet plane: Refusing requests for annual leave
How can you best handle annual leave requests from your employees? A recent case before the Fair Work Commission highlights some factors to consider when managing annual leave requests.
#TakeAKnee: Can employers legally dismiss an employee for “taking a knee”?
Since watching the scenario unfold in the US, where NFL footballers have been taking a knee during the US national anthem at games as a form of peaceful silent protest, we have explored what protections Australian sportspeople would have if they were sacked or disciplined for voicing their opinions on political issues.
If there is a particular topic you would like covered we would love to hear from you so please email us at sydney@workplacelaw.com.au.
Sydney FC season launch
What a great start to the A-League season for Sydney FC! It is wonderful to see that the high standards and achievements of last season have set a platform for continued success this season. We wish Alex, Graham and the team all the best for the Sydney Derby on Saturday night.
It was lovely to meet some of the Sydney FC W-League squad at Sydney FC’s season launch.
Our best wishes to new coach Ante Juric and the entire squad for first game of the W-League season against Brisbane Roar on Friday 27 October.
Need a laugh...
Q: What do you call a dog magician?
A: A Labracadabrador!
Should you require any further information or assistance, please contact our Director Shane Koelmeyer on (02) 9256 7500 or via email on sydney@workplacelaw.com.au.
Information provided in this update is not legal advice and should not be relied upon as such. Workplace Law does not accept liability for any loss or damage arising from reliance on the content of this update, or from links on this website to any external website. Where applicable, liability is limited by a scheme approved under Professional Standards Legislation.
