Insights

Australia's Whistleblower laws

In Australia, a whistleblower in the private sector is entitled to make anonymous disclosures and be protected from any detrimental conduct resulting from that disclosure where they divulge...

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JobKeeper Scheme Passes Parliament

As anticipated, on 8 April 2020, the Federal Parliament passed the Coronavirus Economic Response Package (Payments and Benefits) Act 2020 and related legislation which establishes the JobKeeper...

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JobKeeper Payments – Information for Employers

In its efforts to provide much needed relief to employers and employees from the financial impact of COVID-19, the Australian Government has announced the JobKeeper Payment scheme to support...

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Managing employer responses to the Coronavirus

The Novel Coronavirus (COVID -19) was first reported in December 2019 in Wuhan City, China. Many employers now face the question of how to respond to the unfolding outbreak and need to determine...

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Damage to an employer’s reputation can trump free speech and justify dismissal

In the wake of the closely watched proceedings recently commenced by Israel Folau regarding the termination of his employment for his comments on social media, the right of a public sector employee...

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Workplace investigations: does an employer have a duty to take reasonable care?

Workplace investigations are becoming more common in the employment landscape. Australian courts have been required to scrutinise the extent to which an employer owes a duty to their employees.

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Raising the bar for employee record keeping

The obligations of employers in relation to employee records have become more important under the recent changes to the Fair Work Act 2009 (Cth) (Act) as a result of the Fair Work Amendment...

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Vulnerable Workers Legislation Update

Amendments to the Fair Work Act 2009 will increase penalties available for breaches of workplace laws, and aim to strengthen the powers of the Fair Work Ombudsman.

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Post-employment restraints in business sale agreements

Two recent cases have provided valuable guidance on the enforceability of restraint of trade obligations against former employees in contracts for the sale of a business. The cases make it clear...

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Workwise - addressing social media risks in the workplace

In this article we look at some of the areas of law relevant to social media (intellectual property, privacy, media and defamation, consumer protection and employment, as well as continuous...

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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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New OH&S obligations of Directors and Officers

On 1 January 2012 the new Work Health and Safety Act 2011 (Cth) will come into effect along with similar legislation which is expected to come into effect next year in all States and Territories...

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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...

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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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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...

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Workwise - the Coalition's policy to improve the Fair Work Laws

On 9 May 2013 the Coalition released its industrial relations policy (Policy). As the title suggests, in the Policy the Coalition has committed to improving the 'Fair Work Laws' while largely

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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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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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