With the recent passing of the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 (Cth), applications can be made from 11 November 2021 to the Fair Work Commission for a Stop Sexual Harassment Order if an employee reasonably believes that they have been sexually harassed at work.
The internet has been an area of controversy in employment law for a number of years. Many late-night rants and political outbursts have been the subject of unfair dismissal proceedings. What we post on social media can easily be viewed by our employers. It often has a direct bearing on our employment when content is …
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Recently, the Federal Court handed down its highly-anticipated employment decision in WorkPac Pty Ltd v Rossato [2020] FCAFC 84. The decision concerned an employee of the labour-hire company known as WorkPac. The employee had been employed by WorkPac through a number of consecutive casual employment agreements for mining projects in Queensland. The employee entered into …
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In Australia, the concept of free speech, although not enshrined in our Constitution, is a fundamental principle that many individuals seek to exercise. However, this principle is not a licence to make statements that ruin a person’s reputation in the eyes of the community. The case of Voller v Nationwide News Pty Ltd.; Voller v …
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From 7 November 2019, businesses that want to provide services worth more than $200,000 to the ACT Government must have a Code Certificate and Labour Relations, Training and Workplace Equity Plan. From January this year businesses tendering for construction, cleaning, security or traffic management work have been required to meet workplace standards in the Secure …
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As most people are aware, unfair dismissal applications must be lodged within 21 days of termination. In limited circumstances, the Fair Work Commission can allow a further period if it is satisfied there are exceptional circumstances taking into account: the reason for the delay; action taken by the person to the dispute; prejudice to the …
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In the recent case of Kroeger v Mornington Peninsula Shire Council [2019] FCCA 2313 (22 August 2019), the Federal Circuit Court of Australia provided useful guidance for employers and employees with more than one job in an organisation. Facts The Applicant was employed by the Respondent in two jobs, as Fitness Instructor and a Customer …
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It is compulsory for any person (whether employed or in a voluntary capacity) who engages in a certain activity with a vulnerable person to obtain a background check and be registered with Access Canberra.[1] The Working with Vulnerable People (Background Checking) Act 2011 (ACT) (WWVP Act) commenced on 8 November 2012 and is designed to reduce …
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It has been recently reported that the Commonwealth Corporation, Airservices Australia Pty Ltd (Airservices) has been fined for incorrectly forcing its staff to take leave during the annual Christmas shutdown period. The primary reason provided for this finding was the failure of Airservices to consult with each of its employees regarding the shutdown period, in …
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Under the Work Health and Safety Act 2011 (Cth), employers must take all reasonable steps to create a safe workplace for all employees by eliminating or minimising the risk of harm. This obligation extends to properly investigate workplace allegations such as misconduct, bullying, harassment, discrimination and fraud. How to Conduct a Workplace Investigation Unfortunately, there …
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