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