Employment
Global pandemic is no excuse, employers obligated to protect health and safety of employees
With an increase in the number of people working from home or working remotely because of COVID-19, it is important for employers to understand that their work health and safety (WHS) obligations have not ceased. Now more than ever, employers should refresh themselves on their responsibilities when it comes to ensuring their staff maintain a …
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Changes to Annualised Salaries under Modern Awards
From 1 March 2020, the Fair Work Commission has introduced new requirements for the payment of Annualised Salaries under Modern Awards. These changes will increase the obligations on all employers who pay their employees an annualised salary under a relevant Modern Award. These changes impact on any additional hours an employee works, and how they …
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Risk of defamation for businesses with a Facebook page
In Australia, the concept of free speech, although not enshrined in our Constitution, is a fundamental principle that many individuals seek to exercise. However, this principle is not a licence to make statements that ruin a person’s reputation in the eyes of the community. The case of Voller v Nationwide News Pty Ltd.; Voller v …
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New Law – Broader coverage of the Secure Local Jobs Code
From 7 November 2019, businesses that want to provide services worth more than $200,000 to the ACT Government must have a Code Certificate and Labour Relations, Training and Workplace Equity Plan. From January this year businesses tendering for construction, cleaning, security or traffic management work have been required to meet workplace standards in the Secure …
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Late unfair dismissal applications
As most people are aware, unfair dismissal applications must be lodged within 21 days of termination. In limited circumstances, the Fair Work Commission can allow a further period if it is satisfied there are exceptional circumstances taking into account: the reason for the delay; action taken by the person to the dispute; prejudice to the …
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Two jobs, One employer = how many employment contracts?
In the recent case of Kroeger v Mornington Peninsula Shire Council [2019] FCCA 2313 (22 August 2019), the Federal Circuit Court of Australia provided useful guidance for employers and employees with more than one job in an organisation. Facts The Applicant was employed by the Respondent in two jobs, as Fitness Instructor and a Customer …
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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 corporate operations and supply chains. These Acts attempt to address the gross breaches of human rights that occur daily, involving layers of deception, manipulation and vulnerability, culminating in many individuals, …
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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 a background check and be registered with Access Canberra.[1] The Working with Vulnerable People (Background Checking) Act 2011 (ACT) (WWVP Act) commenced on 8 November 2012 and is designed to reduce …
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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 during the annual Christmas shutdown period. The primary reason provided for this finding was the failure of Airservices to consult with each of its employees regarding the shutdown period, in …
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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 or minimising the risk of harm. This obligation extends to properly investigate workplace allegations such as misconduct, bullying, harassment, discrimination and fraud. How to Conduct a Workplace Investigation Unfortunately, there …
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