GL Insights
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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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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