Insights

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...

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Workwise - company liability for sexual harassment

In the recent case of Richardson v Oracle Corporation Australia Pty Ltd [2013] FCA 102, the Federal Court highlighted the importance of employers having proper policies and training which reflect...

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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

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Online voting without a proxy

Online voting by shareholders without a proxy form has become more and more popular in the last few years. Large companies such as Telstra, Commonwealth Bank and Wesfarmers have put in place...

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Workwise: executive departures and recruitment

JWS represented Seven Network (Operations) Pty Limited (Seven) and its executive programmer John Stephens in successfully defending the Supreme Court proceedings brought against them by Network Ten...

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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...

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Workwise - equal opportunity reporting amendments

On 6 December 2012 the Equal Opportunity for Women in the Workplace Amendments Act 2012 came into effect. The legislation imposes new obligations on employers in reporting employee and board gender...

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(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

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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...

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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...

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Aftershocks of High Court OHS Decision

The High Court of Australia...s decision in Kirk v Industrial Relations Commission; Kirk Group Holdings Pty Ltd v WorkCover Authority of New South Wales will have a significant impact on the way in...

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