Fair Work Act will soon provide a ‘right to disconnect’
The right to disconnect has received media attention as the trend of work extending into personal life is seen as an increasingly important issue.
By Paul Moorhouse - 2 min read
At your own peril: off-the-clock social media posting
Recent decisions relating to ‘off the clock’ use of social media serve as a warning to employees about possible repercussions in the workplace. By ALEXANDRA…
By Alexandra McCosker - 2 min read
Tips for claiming legal professional privilege over investigation reports
There are many practical measures that can be taken to assist in structuring a workplace investigation to maximise the chances of attracting privilege. By PAULA…
By Paula Hoctor and Aoife Sweeney - 1 min read
Executive employment claims: a contractual perspective
Contractual principles of incorporation sit uneasily with many employment benefits. Instead, there is an increasing openness on the part of the courts to imply a…
By Jack de Flamingh - 2 min read
The casual conundrum: casual employment in the Fair Work world
The Fair Work Act’s provisions pertaining to long-term casuals are giving rise to curious outcomes, with casuals receiving conflicting and sometimes arbitrarily determined employment benefits…
By Luis Izzo - 1 min read
Post-employment restraint after repudiation of an employment contract
Can a party who has repudiated a contract of employment still enforce post-employment restraints? By ABRAHAM ASH and ELODIE CHEESMAN.
By Abraham Ash and Elodie Cheesman - 2 min read
Adverse action: in the mind of the beholder?
A key issue in adverse action claims is the reason for the decision-maker taking action. By GLENN FREDERICKS.
By Glenn Fredericks - 2 min read
Duck or rooster? Employees and independent contractors in the new ‘sharing economy’
Recent Federal Court decisions highlight uncertainty as to whether an individual is an employee or an independent contractor. By JACK DE FLAMINGH and AMANDA CAMERON.
By Jack de Flamingh and Amanda Cameron - 2 min read
FWC’s anti-bullying jurisdiction: is it working?
Traditional legal mechanisms struggle to effectively respond to the complex and often elusive nature of bullying conduct. By JACK DE FLAMINGH.
By Jack de Flamingh - 2 min read
The dynamics of enterprise bargaining
In the landmark case of Aurizon Operations Ltd [2015] FWCFB 540, the Full Bench of the Fair Work Commission rejected the notion that it is inappropriate to…
By Jack de Flamingh and Stephen Jenkins-Flint - 1 min read
Claiming the ‘penalty privilege’ in fair work proceedings
Penalty privilege applies to natural persons in Fair Work Act proceedings. By LARISSA ANDELMAN.
By Larissa Andelman - 1 min read