Mondaq Australia: Employment and HR
Cooper Grace Ward
Employers should carefully consider if an employee's criminal history is relevant to inherent requirements of the role.
Cooper Grace Ward
The FWC found that the demotion of the employee amounted to a dismissal for the purposes of the Fair Work Act 2009.
Cooper Grace Ward
An employer was ordered to pay compensation to a store supervisor after she was dismissed during her probationary period.
Cooper Grace Ward
Before embarking on any internal investigation, we recommend that an employer should consider these five top tips.
Swaab
Unwelcome conduct with a sexual element (as many Valentine's Day cards and gifts do) could constitute sexual harassment.
PCC Employment Lawyers
Part 2 addresses other situations where terms may be incorporated, such as other extrinsic documents or representations.
Broadley Rees Hogan Lawyers
This sentence is a heavy reminder of serious penalties employers may be exposed to if they fail to comply with WH&S laws.
Coleman Greig Lawyers
Constructive dismissal is when an employee resigns, but then claims that they really had been forced into that decision.
M+K Lawyers
Employers are able to take reasonable action to protect employees in the event of bullying complaints.
Swaab
Article defines sexual harassment and sexually harassing behaviours and looks at prevention and resolution of complaints.
PCC Employment Lawyers
Further developments since recent decision that found a Foodora driver to be an employee rather than an independent contractor.
Hazelbrook Legal
The Federal Court has ruled that workers engaged as casuals may be entitled to annual leave.
MDC Legal
Employers should ensure safe and secure workplace practices at home are reflected in a clear 'Working from Home' policy.
Russell Kennedy
This decision requires employers to be aware of the substance of the working arrangements, rather than the description.
Russell Kennedy
This case is an example of a tough stance on sham contracting with its serious consequences of underpayment of workers.
M+K Lawyers
The Fair Work Commission found that demotion, with a significant reduction in pay or duties may constitute a dismissal.
M+K Lawyers
All employers have been asked to voluntarily and publicly waive rights to enforce certain confidentiality agreements.
WhistleB
Costs of non-compliance can be high, including criminal prosecution and million-dollar fines.
MDC Legal
This article includes some practical New Year's resolutions that may minimise the employment law risks for employers.
Clyde & Co
In the recent decision of Jeremy Lee v Superior Wood Pty Ltd [2018] FWC 4762, an employee was dismissed from his job because he refused to provide his fingerprint to his employer.
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Gilchrist Connell
This UK case is useful for insurers and underwriters in the renewal or issue of insurance policies covering cyber risks.
Madgwicks
Casual employees can, subject to certain prerequisites, request a full time or part time position after a period of time.
Bartier Perry
This article looks at seven possible changes that could be important areas for business and workplaces to watch in 2019.
Holding Redlich
It is important to have rational 'reasonable adjustments' in relation to a claim of discrimination in the workplace.
Colin Biggers & Paisley
These recent decisions and statutory amendments could help employers to proactively manage any emerging HR issues.
Colin Biggers & Paisley
These reforms can protect those who "blow the whistle" or make disclosures about corporate, financial or tax misconduct.
Holding Redlich
Taking management action against employees with illnesses or disabilities should be done carefully and thoughtfully.
ClarkeKann Lawyers
Discussion about recent restraint of trade case that illustrates the issue of validity.
Swaab
Article discusses the possibility of using the anti-bullying jurisdiction for sexual harassment matters.
Kott Gunning
Any employer seeking to terminate an agreement with its workforce must overcome these three substantial impediments.
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