The Positive Duty on Employers to Eliminate Sexual Harassment
The positive duty was introduced into the Sex Discrimination Act 1984 (Cth) (SDA) in December 2022 and was a key recommendation of the Australian Human Rights Commission’s (Commission) landmark Respect@Work Report in 2020 led by former Sex Discrimination Commissioner Kate Jenkins. Organisations and businesses now have a positive [...]
Privacy Act – Reform is on the Way
The Federal Government Attorney- General’s Department released its much anticipated Privacy Act Review Report[1] this year (“Review”), foreshadowing sweeping changes to privacy legislation in Australia. While the digital age has generated benefits such as new efficiencies, consumer convenience and employment opportunities, [2] it has also resulted [...]
Earn-out Clause – a feature of today’s M & A environment
Earn-out clauses are progressively becoming a common feature of sale of business or company sale transactions. Earn-out clauses can be attractive to both the buyer and seller as they breach the gap in the sale price between the parties. However, there are various risks associated [...]
Out of the Office, Out of a Job: Unauthorised Remote Work Arrangement Constitutes Valid Dismissal
Flexible working arrangements are becoming increasingly important for organisations attempting to access talent, boost productivity and to improve the work/life balance for employees. Recently, the Fair Work Commission rejected an employee’s claim that she was unfairly dismissed as she was working remotely without her employer’s [...]
Rural Pharmacy Australia Conference – September 2023
Our Partner Michael Bishop was thrilled to present to the inaugural Rural Pharmacy Australia Conference on the Gold Coast over the weekend. He presented on the following topics: Sale of Business; Partnership Agreements; and Unfair Dismissal Claims. You can access the slide from the presentaton [...]
Working Hard or Hardly Working at Home? – Unfair Dismissal Claim Falls Short
Working Hard or Hardly Working at Home? – Unfair Dismissal Claim Falls Short With the work environment progressively adopting a hybrid approach, it is crucial that employers recognise that employee responsibilities remain consistent both when working remotely and in the office. Early last month a [...]
Increase in High Income Threshold
Unfair Dismissal Employers should be aware of certain changes regarding the unfair dismissal provisions. For the unfair dismissal provisions to apply, assuming the employee has completed the minimum period of employment, the employee must: Earn less than the high-income threshold; or Be covered by a [...]
Amendments to the FWA regarding Unpaid Parental Leave, Superannuation and Employee Deductions
Following the significant changes the Labor government enacted through the Secure Jobs Better Pay amendments to the Fair Work Act, employers should be aware of further changes to the Act. On 22 June, a Bill titled the Fair Work Legislation (Protecting Worker Entitlements) Bill 2023 [...]
HR Manager held liable and fined for breach of the Fair Work Act
In United Workers' Union v Bervar Pty Ltd [2022] FedCFamC2G 418, the Federal Circuit and Family Court of Australia (‘the court’) determined that a HR Manager was personally liable for his direct involvement in the Employer’s adverse action against an employee. The HR Manager was also [...]
Heavier Penalties and Stricter Laws Behind the Counter: An Update on New Child Employment Laws
Amidst the crackdown by the Victorian Child Employment Watchdog of several employers in respect for their breaches of child employment laws, employers should be aware of new child employment changes being introduced in Victoria on the 1st July 2023. The Child Employment (Amendment) Act 2022 [...]