All publications relating to ‘Employment’
Controversial comcare case draws a line for workers’ compensation claims
In Brief In a decision which has divided legal opinion, the High Court has made a ruling as to what is meant by the expression “in the course of employment”. The High Court considered this expression in the case of Comcare v PVYW [2013] HCA 41 in the context of a workers’ compensation claim brought by…
Consultation about changes to regular rosters and ordinary hours of work
In Brief As of 1 January 2014, changing the staff roster has become a more complex process with the introduction of amendments to the Fair Work Act 2009. A New Provision Roster flexibility can be key in ensuring business efficiency in the face of changing operational requirements, seasonal fluctuations and the occasional unforeseen circumstances…
Dispensing with awards — Can you pay employees a lump sum amount that meets your award obligations?
The challenge in business to keep up with changes and awards can be particularly problematic. Many business owners don’t have a full understanding of what awards apply to their staff and even less of an idea of what obligations those awards contain. This occurs because in reality business owners are busy…
Employers beware of acting against employees with family responsibilities
In Brief Most business owners are very sympathetic to their staff members’ obligations to their families and generally except that emergencies arise which may require an employee to leave the workplace. However, it can be very frustrating when this arises at a busy time or frequently over a short period. In a recent case…
The Liberals are in implications for employers and employees
In Brief The Liberals are in and Tony Abbot has promised to “restore the balance back to the sensible centre” in industrial relations by not replacing, but improving the current Fair Work Act. What does this actually mean for employees and employers? From the Liberal Party’s proposed policies we feel that…
The Virgin Look Book: Can you control the appearance of your employees?
In Brief One issue commonly faced by employers is getting employees to comply with dress and grooming standards, and when an employee chooses not to or cannot comply, determining what their options are. This was the scenario faced by Virgin Airlines with one of its cabin staff, a Mr David Taleski, whose employment…
A Practical Guide to Warnings in the Workplace
What is a workplace warning? A warning is a communication be it verbal (more informal) or written (more formal) to an employee about their performance or conduct at work. They are a mechanism for communicating an identified area where an employee needs improvement, or where conduct does not meet the requisite standard. The aim is…
Hiring a worker who is not an Australian citizen? Your responsibilities have now increased
In Brief For some businesses attracting and retaining employees in low skill or alternately highly specialised roles is an ongoing challenge. To stay competitive and retain control of the labour spend, it can be necessary to employ workers who are not citizens of Australia. There has always been an element of…
The dos and don’ts when terminating employees
In Brief How you terminate an employee can be a minefield, with many employers finding themselves before the Fair Work Commission because they got it wrong. A claim for unfair dismissal is an accessible and cheap process for many employees which can end up costing employers a lot of time and money. This article…
Stop bullying orders — workplace bullying soon to become a more public ordeal
In Brief Bullying has increasingly been recognised as a serious issue in the workplace, in education and in the online world. Recently the Victoria Supreme Court ordered an employer pay a bullied employee $600,000 following their inaction over her bullying claims. The case demonstrates the seriousness of bullying and how important it is…