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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 to adopt a much higher standard of what is appropriate in the workplace and taking swift action in dismissing workers engaging in inappropriate behaviour. The #MeToo movement has encouraged victims …
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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 employment termination are: Unfair Dismissal; and General Protection claims. In this article, we examine unfair dismissal. Who can claim for unfair dismissal? The unfair dismissal regime applies to national system …
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The ACT’s Reportable Conduct Scheme – The role of the Employer in the investigation process

If the reportable conduct scheme applies to your organisation in the ACT, you have a mandatory obligation to respond to reportable allegations. Below we have listed the key tasks of the Employer who receives a reportable allegation under the ACT’s Reportable Conduct Scheme. This list is provided for general guidance only and as the scheme …
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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 employment termination are: Unfair Dismissal; and General Protection claims. In this article, we examine general protection claims. General Protections One of the primary objectives of the Fair Work Act 2009 …
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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 (summary dismissal)[1]. The reasons must be sound, defensible and well founded. It cannot merely be a matter of the employer showing that it believed on reasonable grounds that the employee …
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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 an employer must comply with the requirements of: Fair Work Act 2009 (Cth) (FWA) relating to dismissal on grounds of genuine redundancy, severance pay and consultation over large-scale redundancies any …
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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 differences surrounding each employment relationship. You need to ensure the employee is treated fairly and minimize any adverse repercussions on any business. It is important to understand that underperformance and …
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Government Agencies – Privacy Update

APP CODE FOR COMMONWEALTH AGENCIES On 1 July 2018, the Privacy (Australian Government Agencies – Governance) APP Code 2017 (the Code) commenced. The Code is designed to enhance the privacy accountability and capability of agencies and is in line with a shift towards a more proactive and vigilant approach to privacy. The Code is specific …
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Strengthening For Purpose: ACNC 2018 Report Summary

STRENGTHENING FOR PURPOSE: AUSTRALIAN CHARITIES AND NOT-FOR-PROFITS COMMISSION LEGISLATION REVIEW 2018 The Report following a review of the Australian Charities and Not-for-Profits Commission (ACNC) legislation was released on 22 August 2018 after much industry consultation. While the review is focused on the Act and operations of the ACNC, it makes a number of recommendations which …
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