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With the Christmas and New Year period upon us, many employers will be celebrating the end of 2017 with their employees. Whilst the 2016 comedy film “Office Christmas Party” is an extravagant portrayal of a Christmas function gone bad and which seems, in many ways an over-exaggeration of what really happens, in our experience these Christmas events are notorious for being a potential breeding ground for inappropriate workplace behavior.
Posted on:
24 Nov 2017
Employers are required to ensure the work health and safety of workers while at work. Not only is work health and safety within the workplace a legal requirement for employers, but workplace injuries can have a significant impact on a business and severe consequences for all workplace participants. Significant workplace injuries can have a lasting negative effect on the business through reduced productivity, lost clients, low staff morale, traumatised staff and the associated reputational costs.
Posted on:
10 Nov 2017
Unpaid internships are increasingly becoming the default way of beginning a professional career in Australia. Last May, we wrote about the increased use of volunteer and unpaid workers by employers and the potential legal issues surrounding the use of unpaid work arrangements.
Posted on:
27 Oct 2017
There have been a number of interesting legal matters heard by our judicial system within the employment law area in the last quarter. In this legal briefing, we provide an overview of two informative and instructive cases for employers, each dealing with their own unique and distinct employment law issue. In addition, we provide a timely update as to the outcome of the union movement’s appeal to the Federal Court of Australia of the penalty rates decision that was handed down earlier this year by the Fair Work Commission.
Posted on:
13 Oct 2017
Next week a Full Court of the High Court sitting as the Court of Disputed Returns will hear argument over three days on whether the foreign citizenship provisions of s.44(i) of the Constitution rendered invalid the elections of seven individuals - Matt Canavan, Scott Ludlam, Larissa Waters, Malcolm Roberts, Nick Xenophon and Fiona Nash - who were declared elected to the Senate - and Barnaby Joyce who was declared elected to the House of Representatives.
Posted on:
5 Oct 2017
For larger organisations, or employers who engage a multifaceted workforce, an enterprise agreement (“EA”) can be a very sensible and practical instrument to simplify the terms and conditions of employment for its workforce. It is not uncommon for employers to have a number of Modern Awards applying to their employees and thus creating complexity and administrative difficulties.
Posted on:
29 Sep 2017
The Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017 (“The Bill”) has passed the Parliament, after the House of Representatives yesterday accepted amendments made in the Senate. The new law will apply from the day after the Bill receives royal assent, except for the new franchisor and holding company liability provisions (discussed below) which will start six weeks later.
Posted on:
15 Sep 2017
Hiring a new employee is a crucial decision in any business. However, deciding on the most appropriate employment relationship for a growing business can be a daunting prospect. With so many types of employment arrangements now available such as full-time and part-time permanent employment, casual employment, temporary employment, internships and fixed term employment to name a few, each with their own respective advantages and disadvantages, it can be difficult to know which is the most appropriate arrangement to use for your business.
Posted on:
1 Sep 2017
The termination of the employment relationship is one of the most challenging and frequently litigated areas in employment law. Unsurprisingly, the first half of 2017 has been no exception. There have been numerous cases go before our judicial system which have raised nuanced, and in some respects untested questions of law to be determined. In this legal briefing, we provide a recap on three exceptionally informative and instructive cases for employers, each dealing in their own way with a unique and distinct issue in relation to termination of employment.
Posted on:
18 Aug 2017
With the arduous task of conducting performance appraisals out of the way, many employers understandably think the hard yards have been done. Although carrying out performance reviews may necessitate both positive and negative conversations with employees, depending on the kind of feedback being provided, many employers often disregard a fundamental and imperative step in the process to consolidate such discussions.
Posted on:
4 Aug 2017