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No Shield for HR: Personal Liability in the Modern Workplace

Employment Law

July 31, 2026

No Shield for HR: Personal Liability in the Modern Workplace

As HR roles take on more strategic decision-making, individuals — not just employers — can face personal liability under the Corporations Act and Fair Work Act for their involvement in workplace breaches.

Amelita Hensman, Michael Bishop

Employers, Are You Prepared If an Employee Reports Psychosocial Hazards to WorkSafe Victoria?

Employment Law

June 24, 2026

Employers, Are You Prepared If an Employee Reports Psychosocial Hazards to WorkSafe Victoria?

Six months into Victoria’s new psychosocial health regulations, WorkSafe is actively visiting workplaces to check compliance — and existing bullying or harassment policies alone won’t satisfy the new duty.

Amelita Hensman, Michael Bishop

Employment Law

March 2, 2026

Employees, Beware of the Side Hustle

The Fair Work Commission has upheld the dismissal of a manager who ran an undisclosed side business on work time, finding it breached the loyalty and exclusivity duties in their contract.

Amelita Hensman, Michael Bishop

Unfair Dismissal Claim Fails after Employee Refuses Return to Office Direction

Employment Law

January 30, 2026

Unfair Dismissal Claim Fails after Employee Refuses Return to Office Direction

Executive Summary The Fair Work Commission ( FWC ) has dismissed an unfair dismissal claim brought by a PaperCut employee who was terminated after refusing to comply with a return to office…

Amelita Hensman, Michael Bishop

Criminal Record Checks at Work: Relevance, Spent Convictions and Privacy Risks for Employers

Employment Law

January 16, 2026

Criminal Record Checks at Work: Relevance, Spent Convictions and Privacy Risks for Employers

Criminal record checks are now a routine feature of recruitment in many industries, and are increasingly considered by employers as part of their broader risk management and compliance frameworks.…

Ben Drysdale, Michael Bishop

Set-Off Clauses Challenged – Federal Court Clarifies Award Payment Obligations in a Major Wakeup Call for Employers

Employment Law

January 14, 2026

Set-Off Clauses Challenged – Federal Court Clarifies Award Payment Obligations in a Major Wakeup Call for Employers

A landmark Federal Court decision has confirmed that set-off clauses in employment contracts will not always validly discharge award entitlements. In Fair Work Ombudsman v Woolworths Group Limited…

Michael Bishop, Amelita Hensman

Victoria’s new psychosocial health regulations have commenced – Employers are you complying?

Employment Law

December 5, 2025

Victoria’s new psychosocial health regulations have commenced – Employers are you complying?

Victoria’s new psychosocial health regulations have commenced – Employers are you complying? Since 1 December 2025 a new positive duty applies to Victorian employers to proactively identify, manage…

Michael Bishop, Amelita Hensman

Beyond Policy – The FWC Reinforces the Duty to Genuinely Consider Flexible Work Arrangements

Employment Law

November 19, 2025

Beyond Policy – The FWC Reinforces the Duty to Genuinely Consider Flexible Work Arrangements

A recent employment dispute heard by the Fair Work Commission (‘ FWC ’) has highlighted the obligation that employers have when dealing with requests for flexible working arrangements. In Chandler v…

Michael Bishop, Amelita Hensman

Federal Court Awards $305,000 in Landmark Sexual Harassment Decision

Employment Law

September 3, 2025

Federal Court Awards $305,000 in Landmark Sexual Harassment Decision

In a recent decision by the Federal Court of Australia a claimant has been awarded $305,000, regarding claims of workplace sexual harassment, making it one of the highest awards ordered under the…

Michael Bishop, Amelita Hensman

Dismissal Decisions and Mental Health Issues – What do you need to be aware of as an Employer?

Employment Law

August 13, 2025

Dismissal Decisions and Mental Health Issues – What do you need to be aware of as an Employer?

For employers, mental health conditions are among the most costly types of workplace injuries, often resulting in significantly longer absences from work and higher compensation compared to other…

Michael Bishop, Amelita Hensman

Outsourced but Not Outside the Law: the Pascua Case

Employment Law

August 5, 2025

Outsourced but Not Outside the Law: the Pascua Case

In this era of growing technological and economic integration, the modern workplace is no longer confined to national boundaries. Businesses are increasingly choosing to outsource various roles such…

Michael Bishop, Amelita Hensman

Employee sues for $780k after alleged breach of Right to Disconnect

Employment Law

July 31, 2025

Employee sues for $780k after alleged breach of Right to Disconnect

It has been just under a year since we last discussed the introduction of the new legislative changes to the Fair Work Act 2009 (Cth) (FWA) granting employees the right to disconnect. Now, the courts…

Michael Bishop, Amelita Hensman

Employers Beware – $100,000 Fine for Failing to Ensure Safe and Appropriate Workplace

Employment Law

July 2, 2025

Employers Beware – $100,000 Fine for Failing to Ensure Safe and Appropriate Workplace

In May 2025, an employer was served with an $100,000 fine for failing to provide a safe workplace for their employees. In doing so, the Magistrates’ Court found that the employer had failed to create…

Michael Bishop, Amelita Hensman

Over $400,000 in compensation and penalties ordered against employer for unlawful adverse action

Employment Law

May 27, 2025

Over $400,000 in compensation and penalties ordered against employer for unlawful adverse action

In a Federal Court decision, Justice Shariff has found that an aged care provider, St Basil’s Homes (“ Employer ”), contravened the Fair Work Act 2009 (Cth) (FW Act) by dismissing a registered nurse…

Michael Bishop, Amelita Hensman

New Wage Theft Laws: What Employers Need to Know to Avoid Criminal Charges

Employment Law

January 17, 2025

New Wage Theft Laws: What Employers Need to Know to Avoid Criminal Charges

As of 1 January 2025, employers can face criminal charges for intentionally underpaying wages or entitlements. The new wage theft laws are part of the Closing Loopholes legislative changes, and…

Michael Bishop, Amelita Hensman

Employer liability for work Christmas parties

Employment Law

November 14, 2024

Employer liability for work Christmas parties

It’s that time of year again when work Christmas parties are being planned. The annual office Christmas party is an occasion to relax and celebrate the year’s accomplishments. However too often…

Michael Bishop, Amelita Hensman

Racing Clubs Face the Superannuation Stakes

Employment Law

November 4, 2024

Racing Clubs Face the Superannuation Stakes

In late July 2024, the AAT held that pursuant to the Superannuation Guarantee (Administration) Act 1992 (“SG Act”), jockeys who raced at tracks owned by five race clubs between the period of 2009 to…

Michael Bishop, Amelita Hensman

Unfair Contract Terms: New Avenues for Independent Contractors to Pursue Claims

Employment Law

October 15, 2024

Unfair Contract Terms: New Avenues for Independent Contractors to Pursue Claims

From 26 August 2024, changes to the Fair Work Act 2009 will occur in respect of independent contractors and unfair contract terms. In substance, these changes enable independent contractors who earn…

Michael Bishop, Ben Drysdale

Employment Law

August 26, 2024

Right to Disconnect Rules Commence

We refer to our previous update titled “New Reform giving employees the right to disconnect”. These changes have now commenced, effective 26 August 2024. Employees who are employed by a large…

Michael Bishop, Amelita Hensman

Employment Law

July 22, 2024

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…

Michael Bishop, Amelita Hensman

$4 Million Consequence for Falsified Records and Wage Theft

Employment Law

June 7, 2024

$4 Million Consequence for Falsified Records and Wage Theft

The Federal Court of Australia has found restaurant chain Din Tai Fung’s guilty of wage theft imposing fines of $4 million. The case was bought before the courts by the Fair Work Ombudsman (FWO)…

Michael Bishop, Amelita Hensman

Employment Law

April 18, 2024

Pointon Partners Employment Law Seminar: Closing the Loopholes – Is your business ready for the changes?

Is your business ready for the changes that will come into effect due to the Fair Work Legislation Closing Loopholes? Join us for a seminar as our Employment team discuss: Changes to the test for…

Michael Bishop

Non-work related injuries – What can the Employer do?

Employment Law

April 2, 2024

Non-work related injuries – What can the Employer do?

Managing a situation involving an employee suffering non-work related injuries can be challenging, and often difficult to navigate. It is widely misunderstood by employers that non-work related…

Michael Bishop, Amelita Hensman

New Reform giving employees the right to disconnect

Employment Law

February 22, 2024

New Reform giving employees the right to disconnect

A new Bill, Closing Loopholes No 2, has passed Parliament on 12 February 2024, introducing new reforms allowing employees to disconnect outside work hours. The legislation has come about from a push…

Michael Bishop

Employment Law

February 12, 2024

Pointon Partners Employment Law Seminar: Employee Share and Option Schemes

We continue to see strong interest from employer clients in the establishment of employee share or option schemes as a means of attracting, motivating and retaining staff. Join us for a seminar as…

Michael Bishop

Home Sweet Hostility: FWC Rules that Working from Home on Mandatory Office Days is not a Valid Reason for Dismissal

Employment Law

January 29, 2024

Home Sweet Hostility: FWC Rules that Working from Home on Mandatory Office Days is not a Valid Reason for Dismissal

Late last year, our Employment Team covered the case in which an employee was validly dismissed for failing to be present in the office during her mandatory office days . A recent Fair Work decision…

Michael Bishop, Amelita Hensman

Employment Law

December 20, 2023

Employment Law Update – Office Closure Periods

A ruling earlier this year from the Fair Work Commission has changed the rules around employee leave during office closure period. As a result of this 4 yearly review of modern awards, from 1 May…

Michael Bishop

The Positive Duty on Employers to Eliminate Sexual Harassment

Employment Law

October 31, 2023

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…

Michael Bishop, Amelita Hensman

Out of the Office, Out of a Job: Unauthorised Remote Work Arrangement Constitutes Valid Dismissal

Employment Law

September 27, 2023

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…

Michael Bishop, Amelita Hensman

Working Hard or Hardly Working at Home? – Unfair Dismissal Claim Falls Short

Employment Law

August 23, 2023

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…

Michael Bishop, Amelita Hensman

Employment Law

July 11, 2023

Increase in High Income Threshold

Michael Bishop, Amelita Hensman

Amendments to the FWA regarding Unpaid Parental Leave, Superannuation and Employee Deductions

Employment Law

July 4, 2023

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,…

Michael Bishop, Amelita Hensman

HR Manager held liable and fined for breach of the Fair Work Act

Employment Law

June 22, 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…

Michael Bishop, Amelita Hensman

Employment Law

May 18, 2023

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…

Michael Bishop, Amelita Hensman

Changes to Flexible Working Arrangements take effect on 6 June 2023

Employment Law

May 15, 2023

Changes to Flexible Working Arrangements take effect on 6 June 2023

Part of the substantial industrial relations reforms which were enacted by the Federal Parliament last December include changes to the rules around flexible working arrangements The Fair Work Act…

Michael Bishop, Amelita Hensman

Unwrapping the Gift of Overtime: An Employer’s Right to Request Public Holiday Work

Employment Law

April 17, 2023

Unwrapping the Gift of Overtime: An Employer’s Right to Request Public Holiday Work

On 28 March 2023, a Full Federal Court decision has held that employers cannot rely on enterprise agreements or contracts requiring employees to work on public holidays. The case of CFMMEU v OS MCAP…

Michael Bishop, Amelita Hensman

Employment Law

March 30, 2023

Pointon Partners Employment Law Seminar: Current Hot Issues in Employment Law

On Wednesday 29 March 2023, our employment team hosted a seminar on current hot issues in employment law today. The following topics were covered: Sexual Harrassment; Pay secrecy clauses; Fixed Term…

Michael Bishop, Amelita Hensman

Replacing the Existing Leave Entitlement: Paid Family and Domestic Violence Leave

Employment Law

January 12, 2023

Replacing the Existing Leave Entitlement: Paid Family and Domestic Violence Leave

In Australia, the Fair Work Act 2009 (Cth) (FWA) grants employees various leave entitlements. One such entitlement involves section106A of the FWA which grants an employee five days of unpaid family…

Michael Bishop, Amelita Hensman

Significant changes ahead for Paid Parental Leave

Employment Law

November 24, 2022

Significant changes ahead for Paid Parental Leave

Families should be pleased to learn that the Federal Government has recently announced major changes to the Paid Parental Leave Scheme (PPL), with the Government committing approximately $531.6…

Michael Bishop, Amelita Hensman

Employment Law

October 27, 2022

Employee Share Schemes Update

Employee Share Schemes (‘ESS’) are a great way to attract, retain and motivate employees. Until recently there have been a lot of restrictions and requirements on ESS implemented by proprietary…

Michael Bishop

Employers bear the onus to prevent sexual harassment under new legislation

Employment Law

October 4, 2022

Employers bear the onus to prevent sexual harassment under new legislation

In June 2018, the Sex Discrimination Commissioner, Kate Jenkins, and then Minister for Women, the Hon Kelly O’Dwyer, announced a National Inquiry into Sexual Harassment in Australian Workplaces to…

Michael Bishop, Amelita Hensman

Employee Litigation Following Termination on Account of Vaccination Status

Employment Law

September 20, 2022

Employee Litigation Following Termination on Account of Vaccination Status

In 2021 a significant proportion of employers implemented vaccination policies, either because they were required due to Public Health Orders or on account of the employer implementing their own…

Michael Bishop

Misuse of trade secrets by former employees – steps an employer should take to prevent this

Employment Law

September 12, 2022

Misuse of trade secrets by former employees – steps an employer should take to prevent this

Protection of confidential information for employers Departing employees can pose a risk to the future goodwill of a business, as they have had the opportunity to form relationships with its…

Michael Bishop, Ben Drysdale

Significant General Protections Damages Award

Employment Law

September 9, 2022

Significant General Protections Damages Award

The Federal Court of Australia has recently ordered an account of damages to be paid to a senior-employee of Hawkesbury Race Club, Mrs Leggett, due to the bullying and harassment resulting from her…

Michael Bishop, Ben Drysdale, Amelita Hensman

Potential Legislative Reforms for Non-Disclosure Agreements

Employment Law

August 23, 2022

Potential Legislative Reforms for Non-Disclosure Agreements

The Victorian Government is taking steps to prohibit the use of Non-Disclosure Agreements, sometimes called “gag orders”, to silence employees. This landmark decision comes as the State’s Ministerial…

Michael Bishop, Amelita Hensman

Terminating an Employee for Excessive Phone Usage during Work Hours

Employment Law

June 3, 2022

Terminating an Employee for Excessive Phone Usage during Work Hours

As employees start to return to the office, they may find it increasingly difficult to leave their personal lives at home. Employees may be tempted to handle private affairs such as a side business…

Michael Bishop, Ben Drysdale

Employment Law

February 24, 2022

Employment Law Information Webinar – Independant Contractors – The Recent High Court Decisions

On 24 February, our emploment lawyers Michael Bishop and Ben Drysdale discussed the recent High Court Decisions regarding Indpendant Contractors and how this can affect your business as well as steps…

Michael Bishop, Ben Drysdale

Issuing of Formal Directions re Mandatory Vaccination of Authorised Workers

Employment Law

October 11, 2021

Issuing of Formal Directions re Mandatory Vaccination of Authorised Workers

Late last week the Victorian Government released the formal Directions underpinning its announcement the prior week that those Victorian workers who had been classified as “authorised workers” during…

Michael Bishop, Ben Drysdale, Amelita Hensman

Employment Law

October 4, 2021

Employment Law Information Webinar – Employee Share Schemes

On 14 October, our partner Michael Bishop discussed the different types of employee share & option schemes and whether they may be suited to your business. If you would like to view the recording…

Michael Bishop

Return to work/office for fully vaccinated workers – requesting evidence of an employee’s vaccination status

Employment Law

September 28, 2021

Return to work/office for fully vaccinated workers – requesting evidence of an employee’s vaccination status

We note that as part of the Victorian Government’s Roadmap for the easing of restrictions released several weeks ago it announced that once 80% of the community is fully vaccinated (anticipated to be…

Michael Bishop, Ben Drysdale, Amelita Hensman