Employment
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 is what you need to know. What are material personal interests Committee members have obligations (and are subject to penalties) under Part 4 of the Act that relate to: declaring …
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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 and use of sensitive information in the workplace. In the case of Jeremy Lee v Superior Wood Pty Ltd [2019] FWCFB 2946, the FWC found that it was unfair for an …
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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 Enterprise Agreement related to the accrual of personal/carer’s leave. Mondelez Australia Pty Ltd (Mondelez) operates food manufacturing plants across Australia and is a national system employer. Mondelez entered into an …
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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 ACT, what amounts to reportable conduct and what to do when reportable conduct is identified, this included the significant role played by the ACT Ombudsman. On 11 June 2019 the …
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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 person is subjected to any unwanted or uninvited sexual behaviour that is offensive, intimidating or humiliating. Sexual harassment may be verbal, visual or physical. In summary, the legislation throughout Australia …
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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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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 and there have now been a number of cases where contract terms have been voided on the basis that they are unfair. These cases include two successful actions by the …
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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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