Employment

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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 believes they have been bullied at work may apply to the Fair Work Commission (FWC) for an order to stop the bullying. Employees are eligible to make an application under …
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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 right to: take appropriate management action and make appropriate management decisions; make necessary decisions to respond to poor performance; take disciplinary action, if necessary; effectively direct and control the way …
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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 by restricting an employee’s activities after they have left employment.  Restraint of trade clauses will be enforceable to the extent that the restraint is reasonably necessary to protect the legitimate business …
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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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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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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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