Insights

Are fingerprints employee records? Biometric data in the workplace

In an age driven by technology, employers are increasingly using biometric technologies, such as fingerprint scanning and facial recognition, as a way to deal with employee identification...

More
Navigating changes to the employment landscape in FY20

As we approach 1 July, it is important to assess changes in the employment landscape for the next financial year.

More
The Whistle has finally blown – New whistleblower regime commences

More
Redundancy pay exception – ordinary and customary turnover of labour

Employers engaged in contracting sectors – such as providing outsourced services to third parties under contracts for specified periods (e.g. catering, cleaning or maintenance contracts) – cannot...

More
Class actions in Australia’s employment law landscape: 2019 and beyond

Class actions are set to become a prominent feature of the Australian employment law landscape.

More
Casual employees: not so casual when it comes to annual leave

Employers can no longer assume that casual employees are not entitled to paid annual leave.

More
Proposed amendments to whistleblower laws – what’s new?

The Treasury Laws Amendment (Enhancing Whistleblower Protections) Bill 2017), which is currently before the Senate, consolidates the existing whistleblowers’ regime in the corporate and financial...

More
Redundancy – NES relied on to interpret employment contracts

As highlighted by a recent Full Bench decision of the WA AIRC (Spotless Group v Dennis Buckle [2017] WAIRC 00024), tribunals are prepared to refer to the National Employment Standards to resolve...

More
Million dollar adverse action award – Hail Creek Coal

The Federal Court of Australia recently awarded an employee damages of $1,272,109 for past and future loss of wages: seeCFMEU v Hail Creek Coal Pty Ltd [2016] FCA 199 and [2016] FCA 1032. This...

More
Executive bonuses and redundancy payouts – Avoiding policy pitfalls

Employers need to take care when dealing with any promises or representations about the application of company policies, particularly where discretionary incentives or redundancy payments are...

More
Spotlight on sham contracting in Australia

Australian courts and regulators are targeting employers who engage workers as contractors to avoid employee entitlements. We consider two highly publicised sham contracting investigations as well...

More
Redundancy and adverse action - calling all decision makers

Since the High Court's landmark decision in Board of Bendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32, there has been an increasing focus on the identity and...

More
High Court says 'no' to mutual trust and confidence

In the highly anticipated decision of Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 September 2014), all five members of the High Court of Australia have held that there is no term of...

More
From the courts: adverse action and other developments

At the end of March, it seemed that the Courts recognised that employees could not make vexatious complaints to found a basis for an adverse action...

More
Employment law developments on the horizon

Gender equality remains a hot topic for employers. New gender reporting requirements commenced this year with further reporting obligations in the pipeline. However, the new minimum standards may...

More
Fair Work Commission workplace bullying jurisdiction - now in operation

The Fair Work Commission's workplace bullying jurisdiction commenced on 1 January 2014. This article provides insight into the operation of the jurisdiction and how your organisation can...

More
Adverse action claims - reaching new heights

The general protections provisions of the Fair Work Act 2009 (Cth) (the Act) are becoming an increasingly popular forum of redress for individuals and unions. In the last financial year over...

More
Implied term of trust and confidence - recognised by full Federal Court for the first time

In an important appellate decision, on 6 August 2013 the majority of the Full Court of the Federal Court upheld, for the first time, a damages award for breach of an implied term of mutual trust...

More
Workwise - Important changes to the Fair Work Act 2009

On 27 June 2013, the Federal Government passed legislation to amend the Fair Work Act 2009 (FW Act). The new laws are part of the second tranche of changes made to the FW Act from the Review Panel...

More
(Un)fair work act - Review Panel says it is 'fair'

The Report of the Fair Work Act Review Panel contained no surprises. The Panel largely found that the Fair Work Act 2009 (Cth) is 'fair' and balances the interests of employers and

More
Getting ready for parental leave changes

With changes to the Paid Parental Leave Act 2012 (Cth) and the Fair Work Act 2009 (Cth) coming into effect from 1 October 2012, it is important and timely for employers to review and update their...

More
High Court narrows adverse action - but still a risk

For employers, the High Court decision in Bendigo Regional Institute of TAFE v Barclay [2012] HCA 32 is a positive...

More
Departing employees - longer restraint periods being enforced

A 3 year non-solicitation clause with a liquidated damages provision has been enforced against a former employee of an accounting firm on appeal to the Supreme Court of Victoria. The decision

More