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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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ACTPLA loses bid to revoke development approval

The ACT Planning and Land Authority has lost a case in the ACT Supreme Court where the Applicant, Capital Recycling Solutions, sought an order that a decision to revoke planning approval was void ab initio – or for most of us that aren’t familiar with Latin – had at no time legal validity. This is …
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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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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 – Resignations

The most common form of employment separation is where an employee provides an employer with Notice of their intention to end the employment relationship. This is usually consensual and the key consideration is normally whether sufficient Notice has been provided. Notice The required Notice can be set out in an enterprise agreement, employment agreement or …
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