European privacy regulation is undergoing massive changes, with the new General Data Protection Regulation (the GDPR) to take effect from 25 May 2018.
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20 Apr 2018
The explosion of social media use over the years presents many challenges to the employment relationship. The use of social media has blurred the boundaries between work and non-work life. This has led to many employers having to deal with situations where employees have posted something in their private capacity on their own social media accounts, which has (or is likely to have) a negative impact on the employer.
13 Apr 2018
In March 2018 ASIC released one of its periodic ‘Reports’ on how it considers various laws and regulations should work. Report No. 595 comprises a review of the changes the 4 major banks have made to their small business loan contracts, in the light of the new unfair contract terms (‘UCT’) regime. The Report’s comments have considerable relevance for equipment financiers. In brief, for equipment finance contracts:-
27 Mar 2018
The environment in which work is conducted is no longer constrained by traditional notions of a workplace where certain tasks and activities are completed, between the hours of 9am and 5pm, Monday to Friday. The modern workplace is constantly changing, and employers are having to adapt in order to keep pace. More frequently than not, work is now performed in a more dispersed and flexible manner, with emphasis being placed on the delivery of outcomes rather than satisfying attendance requirements or endless performance milestones.
23 Mar 2018
There have been a number of interesting and noteworthy cases determined by our judiciary in the employment law space in the last quarter. In this legal briefing we provide an overview of two significant cases. The first of the two highlights the challenge faced by employers in relying upon the opinions of medical professionals in determining whether (or not) an employee can perform the inherent requirements of the role for which they are employed and how employers ought to go about reconciling conflicting medical opinions about an employee’s fitness for work.
9 Mar 2018
In light of the recent exhaustive and intrusive media coverage about The Honourable Barnaby Joyce MP’s affair with his staffer, the question that should be asked is whether the personal life of an employee is something with which the employer should be concerned or have any say. In this regard, the Prime Minister clearly is of the view that the answer to this question is in the affirmative.
23 Feb 2018
What is on your agenda for the coming year? Employers should get ready for what looks to be another fast-paced year filled with employment law developments. In the lead up to an election year next year, employment matters are squarely in forefront of political debate. In our first article for the year we review a number of updates and/or pending legislative amendments as part of the next wave of employment and industrial law regulations about which you should be aware.
12 Feb 2018
Five things you need to know about Australia’s Royal Commission into the Financial Services Industry
1. What is a Royal Commission? Australia’s state and federal governments establish royal commissions from time to time to investigate current controversies or real or perceived wrongs in the community. Royal Commissioners have a broad discretion as to the procedures which they will adopt. It is, however, assumed that evidence will be heard in public unless the Commission orders otherwise.
29 Jan 2018
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.
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.
10 Nov 2017