GL Insights
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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Employment Law Series: Social Media Case Update
The issue of social media in the employment context is at the forefront of employment law issues presently. It is a grey area. Today, we will look at some recent cases. But first, why does this issue matter? Because it is about employees personal lives getting caught up in their work life – there is …
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Beyond Potato Salad: Crowd Sourced Equity Fundraising for Pty Ltd Companies
The power of crowd sourcing is undeniable. From the ridiculous, $55,492 raised to make a potato salad , to the nostalgic, saving of the iconic local Canberra music venue The Phoenix. Crowd sourcing has been used by many business ventures to raise funds, most often bootstrapping the startup phase by offering pre-sale products. Until recently …
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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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AGED CARE ROYAL COMMISSION – The terms of reference and what they mean
On 8 October 2018, the Governor-General signed off on the Letters Patent establishing the Royal Commission into aged care, available here. This Royal Commission is future focused. It is aimed at looking at how quality aged care services can best be delivered. In doing this it is charged with examining the extent of the substandard …
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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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