ArticleDid you know - compulsory retirement at 65 is unlawfulThe FW Ombudsman has successfully prosecuted an employer for terminating an employee upon attaining the age of 65 years.AustraliaEmployment and HRMadgwicks
ArticleDisciplining employee out-of-hours behaviour: A blurred lineWhat an employee does outside of the workplace, and outside of work hours, can impact on the employment relationship.AustraliaEmployment and HRMDC Legal
ArticleDoes casual service count towards service-based entitlements?The FWC noted that continuous service defined by the Act includes a period of regular and systematic casual employment.AustraliaEmployment and HRHolding Redlich
ArticleEmployee sues for $780k after alleged breach of Right to DisconnectCourts are facing the first public test of how this new right is to be interpreted and implemented.AustraliaEmployment and HRPointon Partners
ArticleEmployer escapes liability for the criminal act of a third party – first instance decision overturnedThe plaintiff was employed by the defendants at their optometrist store. A 70 year old customer, Mr Bart, came into the store and requested that the plaintiff repair his spectacles. The plaintiff took the spectacles into the back room to repair them. Unbeknown to her, Mr Bart followed the plaintiff into the back room, and then sexually assaulted her.AustraliaEmployment and HRMoray & Agnew
ArticleEmployer held responsible for employee contracting COVID-19If an employee contracts COVID-19 throughout the course of their employment, an employer may be held responsible.AustraliaEmployment and HRClifford Gouldson Lawyers
ArticleEmployers beware of acting against employees with family responsibilitiesWhen disciplining staff because of excessive family leave, ensure they are not penalised for a normal employee right.AustraliaEmployment and HRSwaab Attorneys
ArticleEmployment Law Myth No 6: If I pay them a salary, the award does not applyPaying an annual salary does not avoid a need to comply with terms of the award dealing with non-monetary entitlements.AustraliaEmployment and HRSwaab Attorneys
ArticleEmployment Law Podcast Series: IR Omnibus BillThis episode of the Employment Law podcast series discusses the IR Omnibus Bill and the issue of casual employment law reform.AustraliaEmployment and HRWalter Baden
ArticleEmployment Law Podcast Series: Termination of EmploymentThis episode's focus is Part A of our e-publication; terminating employment in relation to employee capacity or conduct.AustraliaEmployment and HRWalter Baden
ArticleEmployment Law – The Fair Work Ombudsman may be after youEmployers must ensure that they have not underpaid employees or not paid them the correct penalty rates and allowances.AustraliaEmployment and HRWatkins Tapsell
ArticleEmployment RelationsThe Employment Relations (Breaks and Infants Feeding) Amendment Act has received royal assent, not only introducing mandatory breaks for all employees but also controversially altering the KiwiSaver legislation under urgency without public consultation and as a change to this Amendment Act - the title and content of which is totally unrelated.AustraliaEmployment and HRDLA Piper Australia
ArticleEnquiries, reviews and reports of employment law and the industrial relations systemThe employment law and industrial relations system is undergoing two major reviews at present. so change is impending.AustraliaEmployment and HRColeman Greig Lawyers
ArticleEnterprise Agreements – What’s In and What’s OutDetermining what can (or should) be included in an Enterprise Agreement can at times be difficult for employers.AustraliaEmployment and HRHolman Webb
ArticleExploitation and underpayment of apprentice sees plumbing business in hot water with Fair Work OmbudsmanThe penalty was high, relative to the underpayment, because of the employer's dreadful treatment of a young apprentice.AustraliaEmployment and HRColeman Greig Lawyers
ArticleFair Work Amendment Act Brings Changes to Unfair Dismissal, General Protections and Enterprise AgreementsMany of these amendments, such as the expanded powers of the Fair Work Commission, should be welcomed by employers, AustraliaEmployment and HRBrown Wright Stein Lawyers
ArticleFair Work Commission Dismisses Bullying Claim For "Hurt Feelings"This decision provides employers an example of the sorts of conduct that do not constitute bullying within the meaning of the Fair Work Act 2009 AustraliaEmployment and HRJones Day
ArticleFair Work Ombudsman gunning for accountants and financial advisersThe mere fact of this FWO prosecution serves as a warning to advisers to be wary of accessorial liability provisions.AustraliaEmployment and HRColeman Greig Lawyers
ArticleFamily and domestic violence leave to be included in modern awardsUnpaid family and domestic violence leave will soon be a compulsory entitlement for employees covered by modern awards.AustraliaEmployment and HRMadgwicks