ArticleCompensation cap and high-income threshold for unfair dismissals to increase from 1 July 2023Employees who are not covered by an award or agreement and earn more than the threshold cannot claim unfair dismissal.AustraliaEmployment and HRGilchrist Connell
ArticleProtecting contractors: new Fair Work Commission jurisdiction to address unfair contract termsFrom 26 August 2024 independent contractors will be able to protect their legal interests.AustraliaEmployment and HRGilchrist Connell
ArticleTips for surviving the end of year office partyTips on policies, reminding staff about expectations, time frames & details for events & designated monitors.AustraliaEmployment and HRGilchrist Connell
ArticleStrata reform 2025: Extended liability and contract protections explainedDiscusses two key changes (from the reforms) which are particularly relevant to owners corporations & their insurers.AustraliaReal Estate and ConstructionGilchrist Connell
ArticleVictoria opens the door (a touch wider) for cladding recoveriesState of Victoria (Department of Transport and Planning) v L.U. Simon Builders Pty Ltd & Ors [2025] VSCA 52.AustraliaReal Estate and ConstructionGilchrist Connell
ArticleEmployer or Independent Contractor? The common law position when there is no written contractThe Court clarified how to determine if a worker is an employee or a contractor when they don't have a written contract.AustraliaEmployment and HRGilchrist Connell
ArticleHigh Court clears up contractor lawAll those engaging independent contractors should urgently review their contracts to ensure they align with HC decisions.AustraliaEmployment and HRGilchrist Connell
ArticleSecretly recording conversations with employers is misconductSecretly recording conversations with employers is misconduct & justifies dismissal.AustraliaEmployment and HRGilchrist Connell
ArticleWhen ‘I quit' doesn't mean ‘I quit'Employers should be careful not to hastily accept an employee's resignation made in the heat of the moment.AustraliaEmployment and HRGilchrist Connell
ArticleDouble-extortion: an evolution of ransomwareA double extortion ransomware incident is when a threat actor implements multiple measures to demand the ransom payment.AustraliaTechnologyGilchrist Connell
ArticleAHRC releases guide for employers to comply with their positive duty under the Sex Discrimination Act (Cth)The guide will assist employers in complying with the positive duty to prevent sexual discrimination and harassment.AustraliaEmployment and HRGilchrist Connell
ArticleEmployee Records And Award Set-off ClausesEmployers to retain sufficient employee records to verify that employees' salaries are high enough to discharge all relevant award entitlements.AustraliaEmployment and HRGilchrist Connell
ArticleFlexible work requests - Don't bank on skipping process!A recent Fair Work Commission decision has reinforced the importance of process when responding to flexible work requests.AustraliaEmployment and HRGilchrist Connell
ArticleHR manager fined for Fair Work Act breachHR managers are exposed to pecuniary penalties if they are involved in unlawful adverse action against employees.AustraliaEmployment and HRGilchrist Connell
ArticleNew Victorian OHS regulations dealing with psychosocial hazardsEmployers in Victoria will need to identify, properly manage and report complaints of psychosocial hazards to WorkSafe.AustraliaEmployment and HRGilchrist Connell
ArticleNon-compete clauses to be banned - non solicitation clauses up for discussionWhat are non-compete clauses? What is proposed? AustraliaEmployment and HRGilchrist Connell
ArticleReasonable and necessary to protect health and safety – WHS exemption applied to discrimination on the basis of presumed mental illnessRequiring an appropriate medical clearance was considered reasonably necessary to protect the safety of the workplace.AustraliaEmployment and HRGilchrist Connell
ArticleNew rural generalist medicine specialty announcedRural Generalists provide vital primary and emergency care to rural and regional communities.AustraliaFood, Drugs, Healthcare, Life SciencesGilchrist Connell
ArticleNSW Court of Appeal confirms expanded duty of care for building professionals, with duty set to expand furtherThe duty of care applies to "all buildings", residential or not, as long as they fall within the ambit of the EPA Act.AustraliaReal Estate and ConstructionGilchrist Connell
ArticleAustralian Government acknowledges impact of RansomwareA Ransomware Prevention and Protection Guide, and an Emergency Response Guide have been published for defence by the ACSC.AustraliaTechnologyGilchrist Connell