Articles
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21 July 2016
Workplace Law & Culture
Interpreting awards and industrial instruments: it might seem fai…
Focus is on the plain meaning of the provisions of an award and notions of fairness have no role to play in interpretation.
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03 May 2016
Workplace Law & Culture
Can you dismiss an employee just because they are disobedient?
Recent decisions show that continual or serious disregard for management?s requests and processes can justify dismissal.
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26 April 2016
Workplace Law & Culture
Don't be so thin-skinned: not all social media posts lead to dism…
This decision highlights important features of the unfair dismissal regime and provides guidance on social media misuse.
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18 April 2016
Workplace Law & Culture
LinkedIn to your goodwill: a de-facto client list for departing e…
We examine recent decisions and measures business can take to protect its goodwill from misuse by a departing employee.
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05 April 2016
Workplace Law & Culture
Would you make a new mother redundant while on parental leave fro…
Employers need to be able to manage workplace restructuring while balancing obligations to employees on parental leave.
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07 March 2016
Dispute Resolution & Advisory
Protecting your hard earned business property: Restraint of Trade…
Restraint of trade clauses are void unless reasonable in the interests of the parties and in the interests of the public.
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08 February 2016
Workplace Law & Culture
Divergent approaches: determining when a contractor is an employe…
These decisions create further uncertainty as to the approach in determining if a worker is an employee or contractor.
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16 December 2015
Workplace Law & Culture
Managing workplace conflict: a legal and psychological perspectiv…
Employees and managers both need far more support to understand, effectively manage and respond to conflict at work
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07 December 2015
Workplace Law & Culture
Independent contracting (in an employment relationship) out for a…
The High Court restated that an employee is an employee and does not become an independent contractor just by saying so.
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30 November 2015
Workplace Law & Culture
What is your workplace Christmas drug & alcohol policy?
This bulletin looks at the Christmas party, other work-related festivities and the benefit of a drug & alcohol policy.
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22 October 2015
Workplace Law & Culture
Secret recordings? What! Me? At work?
Federal and State laws prohibit the secret recording of conversations and doing so at work means dismissal, says the FWC.
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21 October 2015
Workplace Law & Culture
Fatty agreements are to be avoided: drafting an enterprise agreem…
As a general rule, you should only include in the enterprise agreement what you intend to be bound by and no more.
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09 October 2015
Workplace Law & Culture
What's involved in making a 'fair' decision? - natural justice or…
Natural justice or procedural fairness has three main components: the opportunity to be heard, no bias and based on fact.
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25 September 2015
Workplace Law & Culture
Workplace investigations: our tips for responding to allegations…
An employer, when managing an investigation into alleged workplace misbehaviour, must keep control of the process.
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12 August 2015
Workplace Law & Culture
Court of Appeal determines injury unrelated to work - not 'in the…
This decision by the Court of Appeal affirms the principle 'in the course of employment? is determined by the employer.
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12 August 2015
Workplace Law & Culture
For the record, when can you disclose information about your empl…
An employee record may be disclosed where it is 'directly related? to the current or former employment relationship.
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13 July 2015
Workplace Law & Culture
July marks a new financial year, with new numbers for access to t…
Award and EA-free employees who earn over the high income threshold are not eligible to make a claim for unfair dismissal
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17 June 2015
Public Liability
An answer to the $36 million question - annual leave AND workers…
The $36 million question has been answered ? NSW workers on workers compensation will continue to accrue annual leave.