Mondaq Australia: Employment and HR
Holding Redlich
This newsletter includes links to recent media releases, reports, cases and legislation relating to work health & safety.
Clayton Utz
We discuss Tasmanian Ports Corporation Pty Ltd v Gee [2017] FWCFB 1714.
Clayton Utz
Directors are "workers" when it comes to anti-bullying laws, and can get anti-bullying orders from the Fair Work Commission.
Clayton Utz
Ensure drafting of clauses is as clear and unambiguous as possible and precisely reflects the intention of the parties.
Clayton Utz
Lim gives applicants a better grounding in bringing a claim, but employers should not panic about a flood of old cases.
Sparke Helmore Lawyers
The value of a penalty unit will increase, so the maximum civil penalties for breaches of the Fair Work Act will as well.
Sparke Helmore Lawyers
The recommendation follows demand for tighter criminal laws in response to fatal incidents at Eagle Farm and Dreamworld.
Cooper Grace Ward
The dismissal was communicated insensitively and in an inappropriate way, considering the worker's mental health issues.
Cooper Grace Ward
Employers must consider an employee's bullying complaint made during a workplace investigation or disciplinary process.
Cooper Grace Ward
This is the FWO's first prosecution against a third party adviser under the accessorial liability provisions of the Act.
Cooper Grace Ward
Good faith bargaining does require parties to negotiate with a genuine objective or intention of reaching an agreement.
Bartier Perry
A responsible franchisor entity could be responsible for the contraventions by other members of the franchise network.
Norton Rose Fulbright Australia
The amendment bill received its second reading in the Victorian Legislative Assembly and is listed for resumed debate.
HopgoodGanim
Tougher penalties and increased criminal charges are strong reminders to ensure safety compliance in the workplace.
DibbsBarker
The Fair Work Ombudsman has prosecuted an accounting firm for its role in a client's breach of the Fair Work Act.
McCullough Robertson
Qld work health and safety penalties will now be benchmarked against other jurisdictions which have harmonised WHS laws.
Pointon Partners
The transfer of business provisions under the FW Act impose obligations on both the new employer and the old employer.
PCC Employment Lawyers
An accounting practice was held responsible for underpayments by a client for whom it was providing payroll services.
Swaab Attorneys
The process for exiting employees must comply with relevant statutory requirements to defend claims for unfair dismissal.
Swaab Attorneys
The Fair Work Commission was satisfied that the employer had a valid reason for the dismissal of the applicant.
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Swaab Attorneys
The process for exiting employees must comply with relevant statutory requirements to defend claims for unfair dismissal.
Sparke Helmore Lawyers
Employers must have appropriate policies and procedures in place to manage bullying and harassment claims effectively.
Colin Biggers & Paisley
Employers who want to prevent former staff poaching clients and staff have important lessons to learn about restraints.
Madgwicks
Employers must carefully consider the extent of, and how to deal with, employee entitlements in the sale of a business.
Madgwicks
Employers should have stringent email and IT policies, and make employees aware of standards of conduct expected of them.
Swaab Attorneys
Where an employee fails to provide requested medical information, an employer is entitled to take disciplinary action.
Swaab Attorneys
Section 524 of Fair Work Act 2009, a statutory right of stand down, is a section that causes uncertainty and confusion.
Sparke Helmore Lawyers
Procedural fairness was not afforded to an employer when it was not given the opportunity to consider all the evidence.
Swaab Attorneys
The Fair Work Commission was satisfied that the employer had a valid reason for the dismissal of the applicant.
Stacks Law Firm
There are exceptions in NSW, but a person giving a reference may be protected under common law by 'qualified privilege'.
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