Articles

Fatigue at work is a very real issue and a big risk for employers if not properly managed.  But what control do employers have over what an employee does outside of work?  Why can’t workers be resourceful and have a second job?

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You’d have to be living under a rock to be oblivious to the 7-Eleven scandal involving the underpayment of migrant workers by dodgy franchisees.  And 7-Eleven isn’t the only employer to recently be caught up in underpayment scandals.

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Careful and constant management of injured and ill workers is a necessity in today's workplace.  But who has the courage, patience and time?

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It was a surprise when a Federal Government Minister recently criticised corporations on supporting same-sex marriage saying “it is unacceptable that people would use companies … to throw their weight around”.  Aren’t companies supposed to be good co…

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There are alternative ways to tackle employment conflicts, disputes and bad behaviour.  Believe it or not, it is not a case of having to "investigate" every complaint or incident!

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The Fair Work Ombudsman, Natalie James, has said that the Fair Work Ombudsman is “adventurously testing the limits of accessorial liability provisions”.  Last financial year the FWO sought orders against accessories in 46 out of 50 matters she filed…

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Last August we drew attention to a number of decisions that the minimum notice requirements under section 117 of the Fair Work Act displaced any entitlement to reasonable notice.[1]  Just a few weeks later, there was a decision to the contrary.  We h…

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Being alive in the age of social media is an exciting time.  We have the ability to connect with others in a way like never before.  We can engage in discussions on matters of national and social discourse at the touch of a button. There is a lot to…

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In 1936 the High Court of Australia described casual employment as intermittent or irregular work. It is fair to say that employment, and casual employment, has evolved since then; "Toto, I have a feeling we’re not in Kansas anymore".Employers breath…

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We are familiar with the long standing approach of industrial tribunals in determining whether an employee's dismissal was unfair.  You examine if there was a valid reason for dismissal, whether a fair process had been followed and look at the person…

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Back in April 2015 we asked whether NSW local councils might be “trading corporations” for the purposes of the Constitution, even though the Local Government Act says they are not corporations but are body politics of the State. We were commenting o…

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A company has been fined $100,000, and an individual director a further $24,000, for using an artificial triangular arrangement to avoid minimum entitlements under the Fair Work Act. The starting position is clear:  the Fair Work Act prohibits sham…

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Do I still get reasonable notice? That is a very good question, and until very recently we would have said, Yes! For those without an agreed period of notice for termination of their employment, the implied term of reasonable notice was a comforting…

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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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Recent decisions show that continual or serious disregard for management?s requests and processes can justify dismissal.

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This decision highlights important features of the unfair dismissal regime and provides guidance on social media misuse.

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We examine recent decisions and measures business can take to protect its goodwill from misuse by a departing employee.

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