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  • Article

    Driver accused of tampering with driver-facing camera was unfairly dismissed, says Fair Work Commission

    An employer's decision to dismiss an employee on circumstantial evidence was found to be harsh and unreasonable.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Employees on workers' compensation leave are not eligible for anti-bullying protections

    Employees may only seek anti-bullying protections in circumstances where they are being bullied 'at work'.
    AustraliaEmployment and HR
    Cooper Grace Ward
Cooper Grace Ward
  • Article

    Employer escapes liability for employee injury, on appeal in New South Wales

    To breach a duty of care, it is not as simple as identifying some measure that would have reduced the risk of injury.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Employer exposed for lewd photographs: right to workers compensation

    This case highlighted an employer's liability for staff activities, even where they had little connection with business.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Employer liable for intentional harm by employee - Ward v Allianz Australia Insurance Services [2019] NSWDC 293

    An employer was found liable for the deliberate actions of a manager, who verbally and physically bullied the plaintiff.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Employers inherent requirements unreasonable

    The commissioner found that the worker was fit to return to his work as a driver, as recommended by the medical evidence.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Fair Work Commission confirms FBT payments are not earnings

    The employee's remuneration therefore fell below the high-income cap, so he could pursue an unfair dismissal claim.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Fair Work Commission enforces strict approach to enterprise bargaining procedure

    This decision demonstrates the FWC's strict interpretation of the procedural requirements of enterprise bargaining.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Federal Court resolves debate about annual leave loading termination payments

    Upon termination of employment, an employee is entitled to payment for accrued but unused annual leave and leave loading.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    First Right To Disconnect Rulings Clarify The Bar For A Contravention Of The Right To Disconnect Laws

    In the first substantive rulings on Australia's right to disconnect laws, the South Australian Employment Tribunal has determined that an Adelaide hairdressing salon did not breach its apprentices' rights despite sending frequent out-of-hours messages via TikTok and Snapchat. The Tribunal drew a critical distinction between unwelcome communication and actually preventing employees from disconnecting, establishing that subjective pressure without demonstrable consequences does not constitute a breach.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Fresh decision against Woolworths duty of care – Berhane v Woolworths Ltd [2017] QCA 166

    The issues on appeal were whether the breach of duty caused the injury and whether the risk of injury was foreseeable.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Full Bench Confirms Non-parties Can Appeal An Arbitrated Dispute

    The Full Bench of the Fair Work Commission has ruled that non-parties, such as industry bodies or employer associations, can appeal arbitrated workplace dispute decisions under certain conditions. This landmark decision arose from a classification dispute involving an early childhood teacher and has significant implications for how dispute resolution processes under modern awards and enterprise agreements may be challenged by interested third parties who were not involved in the original proceedings.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    FWC finds redundancies not genuine; reinstates four workers

    The Fair Work Commission has recently confirmed its approach to deciding whether a dismissal is a genuine redundancy.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    High Court overturns Barclay adverse action decision

    This decision is significant for employers, as it provides clarity in relation to adverse action provisions in the Act.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Hotly debated industrial relations legislation gets through

    The two Bills that triggered the nation's double dissolution election have passed through Parliament.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    How to win a manual handling injuries claim for workers compensation – Gray v Coles Supermarkets Pty Limited

    Coles successfully defended a manual handling injuries claim by a labour hire worker at one of its distribution centres.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Article

    Individual Flexibility Agreements - Award and EA Entitlements: Employers should ensure they comply with the Fair Work Act requirements

    Industrial Union United Voice is set to challenge the rollout of a series of Individual Flexibility Agreements (IFAs) by Spotless Group to cleaners in Victoria, South Australia and New South Wales in the Federal Court, claiming breaches of the Fair Work Act 2009.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Video

    It Depends – Can I access my super because I have ‘retired'?

    Transcript & link to video discussing whether someone can access their superannuation because they have ‘retired'.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Video

    It Depends – Transferring property to an SMSF

    Link to webinar and transcript of discussion about transferring assets to a self managed super fund.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Video

    It Depends – What if I have both a reversionary pension and a binding death benefit nomination for my super?

    Both a binding nomination or a reversionary pension would lock in your superannuation death benefit payment.
    AustraliaEmployment and HR
    Cooper Grace Ward
    Cooper Grace Ward
  • Showing 841–860 of 1877 results

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