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 medical certificate or a more detailed medical certificate? What are the considerations for an employer when an injured employee is certified unfit to return to their pre-injury position? Two cases …
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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 the Anti-Discrimination Act 1991 (Qld). In August 2014, Dr Davis applied for the position of Senior Medical Officer at the Hospital. Another applicant was advised that he was unsuccessful for …
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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. A student at the Hills Christian Community School was known to suffer from a number of allergies. The teacher provided the student with a chocolate treat. The school maintained that …
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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 a charity. The Australian Charities and Not-for-profits Commission (ACNC) has high expectations on Responsible Persons and ACNC Governance Standard 4 is premised on the expectation that Responsible Persons governing a charity are …
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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 a result of the Fair Work Commission’s decision on the review of family-friendly work arrangements in Modern Awards. The decision finalises the model term to be included all in Modern …
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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 two examples, one on mental illness and another on criminal records, highlight that such considerations also extend to the recruitment process including prospective employees. Mental illness Chalker v Murrays Australia …
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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 Dismissal More than half of the claims resolved at conciliation Approximately a quarter of the claims resolved prior to conciliation 50% of claims were finalised within 30 days, and 90% …
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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 last five years? The results of the 2018 National Survey highlighted this high rate of sexual harassment in Australian workplaces. Other notable outcomes were: Perpetrators were most often a co-worker …
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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), are now entitled to 5 days unpaid family and domestic violence leave (DVL), effective 1 August 2018. There is talk that this should be legislated for all employees irrespective of …
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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) (Cth Code) prohibits the use of the internet, social media or a telephone to menace, harass or cause offence to a person. An offence under the Cth Code can result …
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