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Modern Slavery in Australia CommercialEmployment

Modern Slavery in Australia

In 2018, Modern Slavery Acts were passed by both the Federal and NSW State Governments in order to regulate the risks of modern slavery in …

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Employment

Board Members and Working with Vulnerable People

It is compulsory for any person (whether employed or in a voluntary capacity) who engages in a certain activity with a vulnerable person to obtain …

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Employment

Forcing Employees to Take Annual Leave

It has been recently reported that the Commonwealth Corporation, Airservices Australia Pty Ltd (Airservices) has been fined for incorrectly forcing its staff to take leave …

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Employment

Employee Claims Following Workplace Investigations

Under the Work Health and Safety Act 2011 (Cth), employers must take all reasonable steps to create a safe workplace for all employees by eliminating …

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CommercialEmployment

New Association rules for Material Personal Interests

A raft of new provisions were introduced recently under the Associations Incorporation Act 1991 (ACT), and notably those which deal with material personal interests. Here …

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Open hand welcoming EmploymentPrivacy

What can my employer do with my fingerprints?

A closer look at biometric data in the workplace A recent decision of the Fair Work Commission (FWC) has provided some insight into the collection …

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mug, glasses and tissues Employment

What’s in a day? The Federal Court rules on personal leave accruals

On 21 August 2019, the Full Court of the Federal Court of Australia considered an alleged inconsistency between the National Employment Standards (NES) and an …

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Employment

ACT Ombudsman Facebook page goes live!

Last year many of you attended our Workplace Reportable Conduct & Child Protection Obligations Seminar where we discussed: what is covered by the scheme in …

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EmploymentLitigation & Dispute Resolution

Pranks and Allegations of Sexual Harassment

Pranks and allegations of sexual harassment Sexual harassment allegations in the workplace are dealt with under Commonwealth and Territory legislation. Sexual harassment occurs when a …

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EmploymentLitigation & Dispute Resolution

Stop Orders

When you can’t use them, use by volunteers, PLUS the need to demonstrate real bullying Under the Fair Work Act 2009 (Cth), an employee who …

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CommercialEmployment

Fair Work Commission Decisions on Reasonable Management Action

Reasonable management action refers to performance management or a disciplinary process that is carried out fairly, transparently and justly. As an employer, you have the …

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CommercialEmployment

Unfair contracts – business to business

Unfair contracts legislation has now been in place for two and a half years. Only a Court can determine whether a contract term is unfair …

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Employment

Restraint of Trade

Restraints of trade are routinely included in employment contracts (and often independent contractor agreements) to protect an employer’s trade secrets, confidential information, customer connections and staff connections …

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Employment

Employees and medical certificates – case update

When it comes to employee sick leave, we are regularly asked the following two questions:  When can an employer compel an employee to obtain a …

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Diversity & InclusionEmployment

Employers Obligations and Job Applicants

Metro North Hospital and Health Service has been ordered to pay former Queensland Assistant Health Minister Dr Christopher Davis, $1.45 million for a contravention of …

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Employment

Reinstatement Orders After Dismissal

The Fair Work Commission has ordered the reinstatement of a teacher terminated by her employer, after the teacher gave a child with allergies a chocolate.  …

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Corporate GovernanceEmploymentNot-for-Profit

ACNC Governance Standard 4 – Suitability of Responsible Persons

A “Responsible Person” is a person that is responsible for governing a charity, for example a member of the board or committee or trustee of …

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Employment

Flexible Working Arrangements – Changes Commencing 1 December 2018

If you employ staff under Modern Awards you should read this article as there are important changes coming into effect on 1 December 2018 as …

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Employment

Employment Law Series – Recruitment and Discrimination – Case Update

Many employers operate under the misunderstanding that workplace discrimination laws only apply when considering the interests of those who are current employees.  However, the following …

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Employment

The Fair Work Commission Performance Overview 2018, Must Read For All Employers

The Fair Work Commission publishes an annual report outlining the Fair Work Commissions performance for the financial year. Check out below the key stats: Unfair …

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Employment

Employment Law Series: Do Your Work Policies Address Sexual Harassment?

Did you know that 71% of Australians have been sexually harassed at some point in their lifetime, of which 33% occurred at work in the …

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Employment

Employment Law Series: Domestic Violence Leave And Termination For Being A Perpetrator

Overview The Fair Work Commission has updated all industry and occupation Awards, whereby all employees covered by a Modern Award (including part-time and casual employees), …

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Employment

Cyber Bullying and How It Affects You or Your Business

20% of Australians have experienced image based abuse! Did you know that? Very few people are aware that s474.17 of Criminal Code Act 1995 (Cth) …

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EmploymentLitigation & Dispute Resolution

Employment Law Series: Social Media Case Update

The issue of social media in the employment context is at the forefront of employment law issues presently. It is a grey area. Today, we …

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EmploymentLitigation & Dispute Resolution

Employment Law Series: Sexual harassment and #metoo – case update

Overview A number of Unfair Dismissal decisions before the FWC this year confirm that the #MeToo movement is gaining traction in Australia, with employers beginning …

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EmploymentLitigation & Dispute Resolution

Employment Law Series: Disputes arising from employment termination – Unfair dismissal

As we all know, often termination is challenging and if not handled delicately can result in a dispute.  The common disputes that arise out of …

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EmploymentLitigation & Dispute Resolution

Employment Law Series: Disputes arising from employment termination – general protection claims & adverse action

As we all know, often termination is challenging and if not handled delicately can result in a dispute.  The common disputes that arise out of …

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EmploymentLitigation & Dispute Resolution

Employment Law Series: Ending Employment – Serious Misconduct

It is fair for an employer to dismiss an employee without notice or warning when the employee’s conduct is sufficiently serious to justify immediate dismissal …

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Employment

Employment Law Series: Ending Employment – Redundancy

What is redundancy? In general, a position is redundant if the employer no longer requires the job to be performed by anyone. In enacting redundancy …

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Employment

Employment Law Series: Ending Employment – Performance Management

The most common reason for an employer wanting to terminate an employee’s contract is underperformance. Managing this process carefully is required given the complexities and …

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Employment

Employment Law Series: Ending Employment – Abandonment of Employment

Employers need to be careful when considering whether abandonment of employment has occurred and terminating the employment contract. Abandonment cannot be determined strictly based upon …

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EmploymentLitigation & Dispute Resolution

Employment Law Series: Ending Employment – Resignations

The most common form of employment separation is where an employee provides an employer with Notice of their intention to end the employment relationship. This …

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EmploymentPrivacy

I spy, with my little eye… an employer who requires a workplace surveillance policy

It is becoming increasingly common for employers to monitor their employees whilst in the workplace, and when using employer devices. Although Australia does not currently …

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Employment

Griffin Legal Sessions: Employee Termination and Risk Management

Terminating an employee can be difficult to manage and there can be many risk factors involved that you may not have considered. From adverse action …

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business work laptop desk group CommercialCorporate GovernanceEmploymentIntellectual PropertyPrivacy

New Year’s Resolutions for your organisation and the law ahead for 2018

Welcome to 2018! It is set to be another interesting year ahead, as the Australian Open kicks off this week, we head towards the 2018 …

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Do you have to act on reports of sexual harassment if no formal complaint is made?

Often it is the case that victims of sexual harassment don’t feel comfortable reporting incidents of sexual harassment. As a result, the victim and the …

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Can you control what your employees post on social media?

The boundaries between public life and private life, specifically in relation to the workplace and the home, have become porous. And the question for many …

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Canberra’s New Reportable Conduct Scheme – child protection obligations in the employment space

The new Reportable Conduct Scheme is now effective in Canberra, as of 1 July 2017. The ACT government passed legislation introducing the Scheme subsequent to …

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AFP workforce says “NO”

Yesterday, AFP employees delivered a clear message to the AFP Executive that they will not accept the Enterprise Agreement being offered by the AFP. 87.2% …

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The Importance of Performance Management in a ‘Throw-Away’ Culture Era

The importance of performance management to private employers and government departments cannot be overstated. Performance management is more than the process of evaluating and managing …

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Employment contracts: does a step back from implied terms mean that the goal posts are moving?

Trust and confidence – Barker In the 2014 case Commonwealth Bank of Australia v Barker (Barker), the High Court of Australia determined that there is …

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Cleaning up a Toxic Workplace Culture

In recent years, the concept of workplace culture has come into the spotlight exposing some of Australia’s largest organisations, including the Australian Defence Force in …

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Employment Contracts: Restraint of Trade Clauses

Restraint of trade clauses are often included in employment contracts, to restrain employees from certain activities which may threaten the business of the employer. Restraint …

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Upholding a respectful workplace

Upholding a respectful workplace: what can employers do to ensure that dismissals based on misconduct are not deemed unfair? There have been a number of …

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Taking the heat out of performance management

Every employer will at some point have to engage in a performance management process with staff who aren’t meeting the expected standards. As with any …

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Holly, tinsel and a lawsuit

It’s that time of year again – it always comes round so quickly! Your office is no doubt buzzing with plans for the Christmas party, …

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Do you have enough first aid officers?

Under the Work Health and Safety Regulations 2011 (Cth), a person conducting a business or undertaking must ensure that an adequate number of workers are …

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Is termination the only option?

From time to time most organisations seek to end contracts before they are due to expire. Termination is the common method and at law there …

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Employee Sacked for Offensive Text

A recent Fair Work Commission decision has reinforced the risks associated with making derogatory comments in the workplace and the importance of employees keeping any …

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Employer Liability: Harassment and Bullying in the Workplace

Employers have an obligation to provide a safe working environment for their employees. Under the Work Health and Safety Act 2011 (ACT) (the Act) employers …

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Sexual Harassment: an Employer’s Responsibility

Sexual harassment is covered under Division 3 Part II of the Sex Discrimination Act 1984 (‘the Act’). Section 28A of the Act defines sexual harassment …

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Summary Dismissal in your Workplace

Employers should think carefully before making a decision to immediately or “summarily” dismiss an employee. For summary dismissal to be lawful, there must have been …

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Vicarious Liability in the Workplace

It is important for an employer to know that in certain circumstances, they may be held liable for the actions of their employees. This is …

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What is Workplace Investigation and Why You Should Care

A workplace investigation is a process of fact finding. An investigation should commence as soon as possible after you become aware of a serious conflict …

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Code of conduct investigations: Is your evidence water-tight?

In a recent decision the Fair Work Commission (‘Commission’) has reinstated former Patrick Stevedores Holdings Pty Ltd (‘Patrick’) employee, Susan Francis, after she was dismissed …

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Dismissed Employees – Choose Wisely

Employees who believe that they have been wrongfully dismissed have several options and choosing the right one is important. Deciding to challenge the termination of …

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The support person: advocate, colleague or silent witness?

We are commonly asked about boundaries when an employee brings a support person with them to a performance management, termination or redundancy meeting. The general …

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Working with Vulnerable People in the ACT

If you are involved in an industry that works with children, working with children checks have been standard practice in most Australian jurisdictions with the …

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The Decision in Morrow v Tattsbet Limited

On 4 July 2014 the Federal Circuit Court handed down a useful judgement about betting agency TAB dismissing one of its operators. The decision clarifies …

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Full Bench says dismissal unfair where Director left toddler unsupervised

The Full Bench of the Fair Work Commission overturned a decision of Commissioner Bissett where she said the termination of a child care centre Director …

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New bullying jurisdiction faces interesting challenge

The new anti-bullying jurisdiction was introduced to the Fair Work Commission on 1 January 2014. This means that employees may bring bullying complaints to the …

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Parental Leave for Casual Employees

For casual employees the unpredictability of their employment can be a major source of stress as often casual employees miss out on many of the …

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