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Practical Articles
  • The New Fair Work Act 2009
    Author: Anil Herat
    Firm: Legal Recovery Solutions
    Date: November, 2009
    Times viewed:
  • Warning: Increased Risk of Road Accidents on Long Weekends
    If you are a professional driver spending the majority of your time on the road, you would be aware that the risks of being involved in a motor vehicle accident greatly increase during long weekends and other holiday periods like Easter and Christmas. Walker Legal acts for professional drivers who have suffered an injury on the road to ensure that they receive their just entitlements to compensation for their injuries.
    Author: Steve Walker
    Firm: Walker Legal
    Date: September, 2009
    Times viewed:
  • Asbestos: New Warnings for Home Renovation
    New warnings have been issued on a potential risk of exposure to asbestos with the breaking news that thousands of Australians who have renovated their homes and ripped up old carpets may have exposed themselves to deadly asbestos fibres. Experts have warned that asbestosis and mesothelioma is now being seen in an ever-increasing number of people whose only exposure to asbestos has occurred in the home during renovations.
    Author: Steve Walker
    Firm: Walker Legal
    Date: September, 2009
    Times viewed:
  • Workers Compensation - Current News and Movements

    Official figures released by The Australian Safety and Compensation Council have confirmed that going to work can be fraught with danger with 236 fatalities and 132,055 serious workers’ compensation claims in Australia for the period 2006 to 2007. This is one of the biggest areas that our Workers Compensation Claims Lawyers specialise in.


    Author: Steve Walker
    Firm: Walker Legal
    Date: June, 2009
    Times viewed:
  • WITHOUT EMPLOYMENT CONTRACTS - EMPLOYERS RISK LOSING IP
    Businesses should be nervous if they do not have employment contracts with each of their (key) employees which specifically address who is entitled to any intellectual property created or developed by those employees in the course of their employment.
    Author: Andrew Nicholson
    Firm: Mullins Lawyers
    Date: November, 2008
    Times viewed:
  • Workers Compensation NSW – Workcover
    Workers who suffer an injury at work in New South Wales will come into contact with WorkCover NSW when making a claim for workers compensation.
    Firm:
    Date: October, 2008
    Times viewed:
  • Legal Talent – The Ins and Outs
    There has always been tough competition among law firms to attract the best and brightest lawyers. Today this competition is even fiercer, not only do law firms have to compete with local firms, corporate employers and other jurisdictions throughout Australia, Australian law firms have to be able to compete in a global market.
    Author: Susan Waywood
    Date: August, 2007
    Times viewed:
  • Employees can now be Held Personally Liable for Misleading and Deceptive Conduct
    On 13 December 2006, the High Court in a unanimous decision held that two employees of a business were personally liable for misleading and deceptive conduct. They were subsequently found liable for damages incurred by a client who relied upon their incorrect advice.
    Author: Valentina Misevska
    Firm: Harris Wheeler
    Date: January, 2007
    Times viewed: 572
  • Employment Issues on Sale of Business
    When is there a transmission of business? Two cases in this area which are relevant are The Minister for Employment and Workplace Relations –v-Gribbles Radiology P/L (2005) 138 IR 252 and PP Consultants P/L –v- Finance Sector Union (2000) 201 CLR 648.
    Author: Leigh Adams
    Firm: Leigh Adams Lawyers
    Date: January, 2007
    Times viewed: 547
  • Work Choices-are you ready for new record keeping requirements?
    From 26 September 2006 all employees covered by WorkChoices (i.e. all corporate employers) must comply with new requirements with regard to keeping time and wage records for their employees.
    Author: John Simpson
    Firm: Cropper Parkhill Solicitors
    Date: September, 2006
    Times viewed: 660
  • If you offer employment: you must employ
    Justices Gyles, Edmonds and Greenwood have punished Citygroup an estimated 4 million dollars for
    Author: Paul Harpur
    Firm: Connor Hunter
    Date: July, 2006
    Times viewed: 1452
  • WORKCHOICES - THE AUSTRALIAN FAIR PAY AND CONDITIONS STANDARD WHAT DOES IT MEAN FOR YOUR BUSINESS?
    The Federal Government's new WorkChoices legislation was implemented on 27 March 2006 and
    Author: Frances Anderson
    Firm: Moores Legal
    Date: June, 2006
    Times viewed: 1426
  • Employment Law – Unfair Dismissal and the Workplace Relations System
    Firm:
    Date: June, 2006
    Times viewed: 1017
  • Employment Law - Workplace Bullying
    Firm:
    Date: June, 2006
    Times viewed: 1098
  • Employment Law - What Type Of Employee Am I?
    Date: June, 2006
    Times viewed: 714
  • WORKCHOICES - AWARDS AND AGREEMENT MAKING
    WorkChoices is law. The legislation was passed by Parliament early in December 2005 and assented to by the Governor General on 14 December 2005. The provisions relating to the small business severance pay exemption and the establishment of the Fair Pay Commission came into operation on assent while the remainder of the Act is expected to come into operation in March 2006 on a date still to be determined.
    Author: Frances Anderson
    Firm: Moores Legal
    Date: January, 2006
    Times viewed: 1198
  • WORKCHOICES – THE CHANGES TO TERMINATION OF EMPLOYMENT
    One of the main areas of change under the WorkChoices legislation concerns termination of employment. Many employers are already aware that WorkChoices will exempt employers of less than 100 employees from unfair dismissal claims. However, few employers are aware of the details of these and other relevant provisions. In this article, we review some of the changes to termination of employment under WorkChoices.
    Author: Frances Anderson
    Firm: Moores Legal
    Date: January, 2006
    Times viewed: 1511
  • Fringe Benefits Tax & Salary Packaging – Benefits to both Employers and Employees
    Considerable financial benefit can be gained by employees who are either recruited or transferred from areas outside their new location. Employers can also use the benefit as an added enticement when trying to attract staff.
    Author: Ian Paul, of Polemic Forensic Accountants
    Date: September, 2005
    Times viewed: 1043
  • Long Service Leave in Victoria – the changes
    The Victorian State Government's proposed changes to the Long Service Leave Act 1992 (LSL Act) were passed by Parliament in May 2005. The amendments come into operation on 1 January 2006. In this article, we review some of the key amendments and their implications for employers.
    Author: Frances Anderson
    Firm: Moores Legal
    Date: September, 2005
    Times viewed: 6875
  • Federal Court Restrains CEPU
    A recent Federal Court decision provides an example of the interaction between certified agreements, common law contracts and the law of torts.
    Author: Nico Burmeister
    Firm: Allens Arthur Robinson
    Date: August, 2005
    Times viewed: 752
  • General Order on termination, change and redundancy introduced to employment in WA
    On 1 August 2005 a new General Order of the Western Australian Industrial Relations Commission (Commission) took effect. Importantly for employers in WA, the changes introduced by the General Order may increase their responsibilities and obligations upon termination, redundancy and the introduction of changes that are likely to have significant effects on employees.
    Firm: Allens Arthur Robinson
    Date: August, 2005
    Times viewed: 1074
  • New Age Discrimination Laws - employers need to be mindful of their obligations
    Age discrimination and compulsory retirement are, in most circumstances, unlawful in Australia. Despite this, age discrimination still makes it extremely difficult for older people to obtain and retain employment.
    Author: Victoria Hiley and Peter Wilson
    Firm: Toomey Pegg Drevikovsky
    Date: August, 2005
    Times viewed: 965
  • Industrial Manslaughter Laws in NSW: Directors and Managers Beware
    Workplace deaths are still a major concern within our community as illustrated by the vehement protests following the death of a 16-year-old apprentice from a construction site in October 2003.
    Author:
    Firm: Toomey Pegg Drevikovsky
    Date: August, 2005
    Times viewed: 1237
  • Three Strikes and You’re Out!
    Getting problem employees dismissed is not just a matter of three warnings.
    Author: Victoria Hiley
    Firm: Toomey Pegg Drevikovsky
    Date: August, 2005
    Times viewed: 1267
  • A Crystal Ball on the Federal Government's Workplace Reforms
    As with most areas of law the devil is in the detail, and workplace relations is no different. While any detailed analysis awaits the Federal Government producing its legislation, it nonetheless has made its intentions with regard to workplace relations known.
    Author: Will Ward
    Firm: Toomey Pegg Drevikovsky
    Date: July, 2005
    Times viewed: 838
  • Soliciting Know-how – Can Ex-Employees Be Restrained from Poaching Staff?
    The Aussie Home Loans decision (Aussie Home Loans Ltd & Anor v X Inc Services Pty Ltd & Ors [2005] NSWSC 285 (7 April 2005)) examines the enforceability of anti-poaching clauses in employment contracts.
    Author: Charles Power
    Firm: Holding Redlich
    Date: April, 2005
    Times viewed: 1294
  • Implied Redundancy Terms Come Back to Life
    A Full Bench of the Western Australian Industrial Relations Commission (WAIRC) has revisited the issue of implied terms about redundancy and upheld a claim for severance pay made by a retrenched employee.
    Author: John Naughton
    Firm: Allens Arthur Robinson
    Date: April, 2005
    Times viewed: 768
  • EBA Expiry Date Upheld
    A Full Bench of the Australian Industrial Relations Commission (AIRC) has restricted the discretion of the AIRC when considering termination of expired certified agreements. This article examines the decision and its impact on the AIRC's role when reviewing the public interest.
    Author: Dr Kirk Lovric
    Firm: Allens Arthur Robinson
    Date: April, 2005
    Times viewed: 761
  • Electrolux: and the Full Bench says...
    A Full Bench of the Australian Industrial Relations Commission has delivered a much anticipated decision on whether a range of contentious certified agreement clauses involve matters pertaining to the employment relationship.
    Author: Simon Dewberry
    Firm: Allens Arthur Robinson
    Date: April, 2005
    Times viewed: 723
  • Amcor & Gribbles: High Court Rules on Transmission of Business Cases
    Employers may heave a collective sigh of relief now the long awaited judgments of the High Court of Australia in the Amcor[1] and Gribbles[2] cases have been delivered. On 9 March 2005 the High Court found in favour of both Amcor and Gribbles and quashed the decisions of the Full Federal Court that had been causing consternation amongst employers for some time.
    Author: Kathryn Dalton, Partner
    Firm: Herbert Geer
    Date: March, 2005
    Times viewed: 841
  • Certified Agreements After Electrolux: Latest Developments
    Since the High Court handed down its decision in Electrolux in September 2004, there has been constant conjecture about the certification of enterprise agreements at a federal level. This is an update on how the Australian Industrial Relations Commission (AIRC) and the Federal Court have approached the matter of certifying agreements post-Electrolux.
    Author: Matthew Follett
    Firm: Freehills
    Date: March, 2005
    Times viewed: 669
  • Freedom of Association in Tender Bids
    The freedom of association provisions of the Workplace Relations Act 1996 (Cth) have application to protect workers who are not union members. In this context a recent Federal Court decision of Justice Branson is of note.
    Author: Emily Wong
    Firm: Freehills
    Date: March, 2005
    Times viewed: 630
  • Are Casual Employees Entitled to Long Service Leave?
    In a significant recent decision the Supreme Court of Victoria has denied a casual employee's entitlement to long service leave shortly after the Victorian Government announced a proposal to amend the state legislative provisions providing casuals with such leave.
    Author: Matthew Follett
    Firm: Freehills
    Date: March, 2005
    Times viewed: 1207
  • Corporate Governance and Executive Contracts
    One of the most difficult tasks facing any board of directors is the appointment of a new chief executive officer (CEO) and managing director. Apart from the practical issues in finding an appropriate candidate in a tight market, boards must also negotiate the ever increasing corporate governance minefield in determining the remuneration and conditions of a new CEO.
    Author: John Colvin
    Firm: Freehills
    Date: March, 2005
    Times viewed: 768
  • AWAs Do Not Prevent State Conciliation and Arbitration
    A Full Bench of the New South Wales Industrial Relations Commission has concluded that the Commission has power to conciliate and arbitrate an industrial dispute relating to an employee whose terms and conditions are covered by an Australian Workplace Agreement (AWA).
    Author:
    Firm: Allens Arthur Robinson
    Date: March, 2005
    Times viewed: 614
  • Team of Employees Free to Jump Ship
    A recent Federal Court decision illustrates the importance of carefully drafted restraints of trade where an employer wants to prevent its employees from leaving to work for a competitor.
    Author: Simon Dewberry
    Firm: Allens Arthur Robinson
    Date: March, 2005
    Times viewed: 780
  • New Era of Workplace Health and Safety for Victoria
    A tough new era for employers was signalled on 15 November 2004 when the Victorian government announced a package of reforms to workplace health and safety. From 1 July 2005, employers can face jail and maximum fines of close to a million dollars if they knowingly expose workers to serious occupational health and safety risks.
    Author: Simone Szalmuk- Singer, Consultant and Kathryn Dalton, Partner, Workplace Relations Group
    Firm: Herbert Geer
    Date: March, 2005
    Times viewed: 598
  • Too Tired to Work
    Take a minute to imagine the following scenario. It's Friday morning, at the end of yet another long week at the office. As you enter the reception area, you observe that the receptionist appears to be fast asleep. As she slumbers on, you wonder what disciplinary action you are entitled to take. Is hitting the sack a sackable offence?
    Author: Simone Szalmuk- Singer, Consultant and Kathryn Dalton, Partner, Workplace Relations Group
    Firm: Herbert Geer
    Date: March, 2005
    Times viewed: 1324
  • Record Unfair Contract Award to Independent Contractor
    The Queensland Industrial Relations Commission has ordered that a mine owner pay a contractor $414,250 under the state's unfair contract jurisdiction. This is the largest unfair contract payout ordered by the QIRC.
    Firm: Freehills
    Date: February, 2005
    Times viewed: 706
  • Bonuses and Allowances Do Not Count as Wages
    In Lee Haywood v Repco Ltd, the QIRC has found that car allowances and bonuses paid are not wages for the purposes of determining an employee's eligibility to make an unfair contract claim.
    Firm: Freehills
    Date: February, 2005
    Times viewed: 1662
  • Bite your Tongue During Contract Negotiations
    A mine operator has paid a heavy price for statements made by its employees during negotiations with an underground drilling contractor.
    Author: Simon Dewberry
    Firm: Allens Arthur Robinson
    Date: February, 2005
    Times viewed: 757
  • Vicarious Liability for Unauthorised Acts of Employees
    Employers may be held vicariously liable for unauthorised acts of an employee, as long as the acts could be regarded as a mode (although an improper one) of performing the normal tasks of the employment.
    Author:
    Firm: Allens Arthur Robinson
    Date: December, 2004
    Times viewed: 2216
  • Directors Personally Fined over Workplace Bullying
    A NSW Industrial Relations Commission decision serves as a clear warning that token fines in workplace bullying cases are not adequate penalties for a director.
    Author:
    Firm: Allens Arthur Robinson
    Date: December, 2004
    Times viewed: 1012
  • Service of Employer's Notice of Lockout
    The Federal Court has found that an employer's lockout was protected action, despite notice of the lockout being served on some employees after the lockout started.
    Author: Stacey Kelly
    Firm: Allens Arthur Robinson
    Date: December, 2004
    Times viewed: 657
  • Electrolux Uncertainty Continues
    Since the High Court's Electrolux decision (deciding that all clauses in a certified agreement must pertain or be incidental to the employment relationship), differing views are emerging from the Australian Industrial Relations Commission about the proper characterisation of particular clauses.
    Author: Simon Dewberry
    Firm: Allens Arthur Robinson
    Date: December, 2004
    Times viewed: 716
  • Parental Leave and Part-time Work
    A recent decision in the NSW Anti-Discrimination Tribunal has highlighted the flexibility required of employers when employees return from maternity leave.
    Author:
    Firm: Allens Arthur Robinson
    Date: November, 2004
    Times viewed: 724
  • Queensland's Unfair Dismissal Jurisdiction
    The Industrial Court of Queensland has ruled that an employee engaged under either a federal award or a federally certified agreement is still entitled to the benefit of Queensland's unfair dismissal laws.
    Author: John Naughton
    Firm: Allens Arthur Robinson
    Date: November, 2004
    Times viewed: 1125
  • To Which Position Does the 'Inherent Requirements' Defence Apply?
    A recent Federal Court decision confirms that an employer is entitled to terminate an employee's employment on the grounds of a physical disability, provided that the employee is unable to carry out the inherent requirements of the particular position.
    Author: Dana Wintermantel
    Firm: Allens Arthur Robinson
    Date: November, 2004
    Times viewed: 785
  • New developments in workplace privacy
    The Victorian Law Reform Commission's Workplace Privacy Options Paper proposes two options for reform that are significantly different from the current position.
    Author: Rebecca Davern
    Firm: Allens Arthur Robinson
    Date: October, 2004
    Times viewed: 755
  • Implied Right to Redundancy Payments
    The Western Australian Industrial Relations Commission has recognised a management level employee's right to a generous redundancy payment based on a formula in the company's enterprise agreement, despite the agreement being restricted to production employees.
    Author:
    Firm: Allens Arthur Robinson
    Date: October, 2004
    Times viewed: 650
  • Your Contract is Not Unfair if You Earn More than $200k
    The NSW Industrial Relations Commission has emphatically stated that employees earning more than $200,000 a year are not eligible to bring an unfair contract claim, regardless of when their employment ceased.
    Author:
    Firm: Allens Arthur Robinson
    Date: October, 2004
    Times viewed: 598
  • Vicarious Liability of Employers in Sexual Harassment Claims
    The precautions taken by employers to prevent sexual harassment in the workplace need only be reasonable, not ideal.
    Author:
    Firm: Allens Arthur Robinson
    Date: October, 2004
    Times viewed: 911
  • Privilege for In-House Counsel
    If your lawyer is also your employee, confidential communications between you may not be subject to legal professional privilege.
    Author: Annette Hughes
    Firm: Allens Arthur Robinson
    Date: October, 2004
    Times viewed: 796
  • Disability Discrimination Act Review
    This article examines the recommendations on reasonable adjustment and unjustifiable hardship contained in the Productivity Commission's final report on the Disability Discrimination Act.
    Author: Rebecca Davern
    Firm: Allens Arthur Robinson
    Date: September, 2004
    Times viewed: 630
  • Personal Criminal Liability for OHS Offences
    This article examines the recent Gretley decision in NSW and outlines the circumstances where an individual may be personally liable for occupational health and safety breaches.
    Author: Ric Morgan
    Firm: Allens Arthur Robinson
    Date: September, 2004
    Times viewed: 876
  • Court of Appeal's Solution to Direct Dilemma over Unfair Contracts
    The NSW Court of Appeal recently prevented the NSW Industrial Relations Commission from hearing an unfair contract claim about a commercial contract – before the Commission even had an opportunity to consider whether it could hear the claim.
    Author: Louise Keats
    Firm: Allens Arthur Robinson
    Date: September, 2004
    Times viewed: 665
  • Pssst…You’re Selected for Redundancy!
    Have you ever taken part in a redundancy selection exercise where a manager has suggested that affected employees not be consulted or given notice of impending redundancies? Or where you have been sworn to secrecy in order to protect your employer from the departure of other employees?
    Author: Seamus Burke
    Firm: Abbott Tout
    Date: September, 2004
    Times viewed: 765
  • CFO: Chief Financial ‘Offender’
    Chief Financial Officers should enforce all of an employer’s policies and also lead by example, a recent decision of the Industrial Relations Commission of New South Wales has confirmed. Employers, it seems, are entitled to expect that employees, particularly those entrusted with a sponsored credit card should act honestly and responsibly. If they don’t, then the likely result is the termination of employment.
    Author: Seamus Burke
    Firm: Abbott Tout
    Date: September, 2004
    Times viewed: 533
  • Termination of Employment Not "Industrial Action"
    A Full Bench of the Australian Industrial Relations Commission has recently decided that termination of employment is excluded from the definition of ‘industrial action’ for the purposes of section 127 of the Workplace Relations Act 1996 (Cth). The decision is important because it means that dismissal/redundancy decisions by employers cannot be halted by unions under the guise of section 127 proceedings in the AIRC.
    Author: Paul Burns
    Firm: Freehills
    Date: August, 2004
    Times viewed: 633
  • Executives Must Uphold Duties or Face Summary Termination
    The New South Wales Supreme Court has recently found that a Chief Executive Officer (CEO) who failed to accurately inform his employer of performance issues of an overseas arm was appropriately terminated for breach of duties as a director, despite the employer providing any notice of termination, or payment in lieu.
    Author: Miles Bastick
    Firm: Freehills
    Date: August, 2004
    Times viewed: 638
  • Lying Employees Pay the Cost
    Two employees who were found to be lying about attending a strip show during work hours have had costs awarded against them in a decision of the Queensland Industrial Relations Commission (QIRC).
    Author: Michelle Berry and Jo Glynn
    Firm: Freehills
    Date: August, 2004
    Times viewed: 646
  • Dismissal Obligations on Employers of Non-Award Covered Employees
    The Victorian Supreme Court of Appeal has handed down an unequivocal judgment regarding the rights of an employer to terminate an employee at common law without observing procedural fairness or the rules of natural justice.
    Author:
    Firm: Freehills
    Date: August, 2004
    Times viewed: 1131
  • Workplace Harassment Standard
    A new workplace health and safety advisory standard has been issued in Queensland, officially acknowledging workplace harassment as a health and safety issue.
    Author: John Naughton
    Firm: Allens Arthur Robinson
    Date: August, 2004
    Times viewed: 826
  • Guidance about $200K Cap Still Some Time Off
    The eagerly anticipated Full Bench decision in Aveling, concerning a high-earning executive's unfair contract claim, is still a number of months away.
    Author:
    Firm: Allens Arthur Robinson
    Date: August, 2004
    Times viewed: 636
  • New Age-Discrimination Legislation
    New federal legislation outlaws discrimination in employment on the ground of age, where age is the dominant reason for the discrimination.
    Author:
    Firm: Allens Arthur Robinson
    Date: August, 2004
    Times viewed: 753
  • Psychiatric Harm in the Workplace
    The rise in WorkCover claims for stress-related illness has highlighted the duty owed by an employer to take reasonable care to prevent psychiatric harm.
    Author:
    Firm: Allens Arthur Robinson
    Date: August, 2004
    Times viewed: 833
  • Federal Court finds picketing might be protected action and certified agreements might have contractual effect
    In a recent decision, Justice Finkelstein of the Federal Court reopened the debate surrounding the legal status of 'picketing' and whether certified (or unregistered) agreements can operate and have effect as contracts at common law.
    Author: Paul Burns
    Firm: Freehills
    Date: May, 2004
    Times viewed: 787
  • Awards as a 'safety net': Undermined by the Federal Court
    The Federal Court has recently upheld the insertion of redundancy provisions in a public sector award which reflected the current entitlements of the employees under the relevant certified agreement. In doing so, the Court left open the very real possibility for awards to be varied above what might commonly have previously been understood to be 'a safety net of minimum wages and conditions of employment'.
    Author:
    Firm: Freehills
    Date: May, 2004
    Times viewed: 660
  • Significant win for employers: Court narrows rights of employees with family responsibilities
    In a much anticipated decision, on Friday, 30 April 2004 the Supreme Court of Victoria (Court) provided significant guidance on the issue of flexible work practices to employers regarding their treatment of employees with family responsibilities.
    Author: Kate Jenkins
    Firm: Freehills
    Date: May, 2004
    Times viewed: 628
  • Redundancy Pay on Outsourcing? Don't bank on it!
    Two major banks have recently experienced success in outsourcing. The ANZ and Commonwealth Banks have successfully defended claims for severance payments by employees who took up jobs on similar terms and conditions with the company providing the outsourced functions. That is, the employees were prevented from receiving both the money and the job.
    Author: Kathryn Dalton
    Firm: Herbert Geer
    Date: May, 2004
    Times viewed: 908
  • It's Mine Because I Made It! Who owns employee inventions?
    Imagine the scenario. Your star employee is employed to research and develop new products for your company. This employee loves to invent new things. You find out that this employee has, mainly in her own time and partially during work hours, invented a product with huge profit potential. The employee has patented the product and has set up a company to sell the product.
    Author: Kathryn Dalton
    Firm: Herbert Geer
    Date: May, 2004
    Times viewed: 816
  • Federal Unfair Dismissal Laws
    The Workplace Relations Amendment (Termination of Employment) Bill (the Bill) was designed to create a single national unfair dismissal system. The House of Representatives passed the Bill on 11 February 2004, but the Senate voted against it on 22 March 2004, by 34 votes to 30.
    Author: Nico Burmeister
    Firm: Allens Arthur Robinson
    Date: April, 2004
    Times viewed: 2229
  • Union Recognition Clauses OK
    Parties to a certified agreement are free to recognise that a particular union has a role in the workplace without offending freedom of association principles. Partner Jamie Wells reports on the certification of the McDonald's multiple business agreement.

    Author: Jamie Wells
    Firm: Allens Arthur Robinson
    Date: March, 2004
    Times viewed: 434
  • Family Responsibilities Balanced Responsibly
    An employer's decision to relocate a workplace has been upheld on appeal as being non-discriminatory, even though relocation impacted seriously on an employee's family responsibilities. Partner Jamie Wells reports.
    Author: Jamie Wells
    Firm: Allens Arthur Robinson
    Date: March, 2004
    Times viewed: 552
  • Lack of Suitable Position No Bar to Reinstatement
    Full Bench of the Australian Industrial Relations Commission has found that a lack of suitable positions for employees who are unfairly dismissed is not a bar to reinstatement. Law Graduate Scott Aspinall reports.
    Author: Scott Aspinall
    Firm: Allens Arthur Robinson
    Date: March, 2004
    Times viewed: 595
  • Latham Labor Industrial Relations Policy
    With a federal election on the horizon, Lawyer Nico Burmeister considers how the industrial relations landscape may change, should the ALP gain power.
    Author: Nico Burmeister
    Firm: Allens Arthur Robinson
    Date: March, 2004
    Times viewed: 634
  • Core OH&S Obligations in NSW
    A number of fatal accidents on construction sites, and the forthcoming proposals to occupational health and safety laws based on the findings of the Cole Royal Commission into the construction industry, are forcing commercial developers and builders to consider their occupational health and safety obligations. In this Focus, we outline the OH&S obligations imposed on various parties and the implications of the non-delegability of the statutory duties.
    Author: Leighton O'Brien
    Firm: Allens Arthur Robinson
    Date: March, 2004
    Times viewed: 1600
  • Circulating Pornographic Emails at Work Held to Justify Termination
    b>Facts
    Mr Williams began working at Centrelink in October 2000. In November 2002 he became a harassment contact officer for the Ballarat office and was provided with information about Centrelink policies and relevant legislation.

    During his employment Mr Williams sent 23 inappropriate emails on Centrelink’s email system to internal and external recipients. These emails included pornographic pictures. One email sent by Mr Williams was received by a Centrelink employee in Coffs Harbour. Notification of this email prompted investigation into email use at the Ballarat office.
    Author: Nicholas Ruskin
    Firm: Phillips Fox
    Date: February, 2004
    Times viewed: 825
  • Section 151C Workers Compensation Act 1987 Finally Determined
    On 12 December 2003, the High Court of Australia refused the worker’s
    application for special leave to appeal from the decision of the NSW Court of Appeal in National Direct Imaging Pty Ltd v Lamy.
    Author: Stephen Harris
    Firm: Moray & Agnew
    Date: February, 2004
    Times viewed: 581
  • Employees in Suits – Approach With Care
    Employers in New South Wales must ensure that dealings with employees starting unfair contract actions while still employed do not amount to criminal contempt1. Senior Associate Andrew Cardell-Ree reports.
    Author: Andrew Cardell-Ree
    Firm: Allens Arthur Robinson
    Date: February, 2004
    Times viewed: 657
  • What is the Value of a Good Record in OHS?
    A recent New South Wales Industrial Relations Commission decision2 indicates that a good occupational health and safety (OHS) record may do little to minimise the penalty imposed by a tribunal in a prosecution for breach of OHS legislation. Consultant Ric Morgan reports.
    Author: Ric Morgan
    Firm: Allens Arthur Robinson
    Date: February, 2004
    Times viewed: 626
  • Common Rule Awards for Victoria
    The Workplace Relations Amendment (Improved Protection for Victorian Workers) Act 2003 (Cth) came into effect on 1 January 2004 and reintroduces a system of common rule awards in Victoria. Lawyer Rosemary Bryant-Smith reports.
    Author: Rosemary Bryant-Smith
    Firm: Allens Arthur Robinson
    Date: February, 2004
    Times viewed: 898
  • Outsourcing and Restructuring Risks
    In 2004, the High Court will review two important employment issues affecting plans to restructure. We look at both special leave applications heard by the High Court in December 2003.

    While outsourcing functions such as IT can generate cost savings, there can be unexpected risks in replacing one outsource provider with another. Senior Associate Tony Saunders reports.
    Author: Tony Saunders
    Firm: Allens Arthur Robinson
    Date: February, 2004
    Times viewed: 686
  • Restructuring Risks – Amcor
    Employers intending to transfer employees between related corporations as part of a business restructure will be interested in the outcome of Amcor's appeal to the High Court. Partner and the solicitor for Amcor in these proceedings, Julian Riekert, reports.
    Author:
    Firm: Allens Arthur Robinson
    Date: February, 2004
    Times viewed: 635
  • Beware the Illegal Acts of Third Parties
    A recent decision of the NSW Industrial Relations Commission demonstrates that employers may be liable under the NSW Occupational Health and Safety Act, even if the risk to employees stems from the unlawful acts of non-employees10. Law graduate Louise Keats reports.
    Author: Louise Keats
    Firm: Allens Arthur Robinson
    Date: January, 2004
    Times viewed: 604
  • Positive Discrimination Out of Favour
    Refusing an employee's request to return to work part-time after maternity leave is not discriminatory, so long as there are reasonable grounds for the refusal, according to a judgment handed down this month in the Federal Magistrates Court13. Law graduate Scott Aspinall reports.

    Author: Scott Aspinall
    Firm: Allens Arthur Robinson
    Date: January, 2004
    Times viewed: 656
  • Directions in OHS – the year in review
    This year, New South Wales, Queensland, South Australia, Victoria and the Australian Capital Territory amended or commenced reviews of their occupational health and safety (OHS) legislation. While the reviews and amendments cover many areas, the important issues include inspectors' powers, new and alternative penalties, and specific targeting of workplace deaths through industrial manslaughter offences. Are there any nationally consistent policy and legal directions? Consultants Dr Kirk Lovric and Ric Morgan report.
    Author: Dr. Kirk Lovric and Ric Morgan
    Firm: Allens Arthur Robinson
    Date: January, 2004
    Times viewed: 646
  • Rostered Casuals and Unfair Dismissal
    Recent amendments to the Workplace Relations Act 1996 and its Regulations have clarified the definition of 'casual employees' who are excluded from accessing the unfair dismissal provisions. Lawyer Rosemary Bryant-Smith and legal clerk Tanya Josev report.
    Author: Rosemary Bryant-Smith and Tanya Josev
    Firm: Allens Arthur Robinson
    Date: January, 2004
    Times viewed: 526
  • High Court to Decide on Redundancy Payments
    The High Court is soon to consider the meaning of redundancy and the right of employees to severance benefits on a sale or transmission of a business. On 12 December 2003, the High Court granted Amcor special leave to appeal the Federal Court's Amcor1 decision. Lawyer Rosemary Bryant-Smith reports.
    Author: Rosemary Bryant-Smith
    Firm: Allens Arthur Robinson
    Date: January, 2004
    Times viewed: 536
  • Can Short-Term Casuals Access Unfair Dismissals in the Australian Industrial Relations Commission?
    Employers are warned to be cautious when terminating casuals as the Australian Industrial Relations Commission has ruled that a casual, with less than 12 months service but engaged in regular and systematic work has jurisdiction to make an unfair dismissal claim. This will be superceeded by legislation.
    Author: Rick Catanzariti
    Firm: Phillips Fox
    Date: January, 2004
    Times viewed: 419
  • Assaulted Employee Beaten by Causation Hurdle
    The plaintiff was assaulted in the course of his employment as a cleaner. He commenced proceedings against his employer, Prestige, for failing to ensure that proper security measures were in place.
    Author: James McLean
    Firm: Moray & Agnew
    Date: December, 2003
    Times viewed: 563
  • Redundancy obligations of employers and employees
    A recent decision of the NSW Industrial Relations Commission provides valuable guidance relating to the steps that employers and employees need to take in the event of redundancy.
    Author: Damian Sloan and Daniel Miller
    Firm: Ebsworth & Ebsworth
    Date: November, 2003
    Times viewed: 1216
  • The Super guarantee paper trail
    A crucial factor for employers wishing to successfully defend any challenge to the basis on which it makes superannuation contributions will be to have in place appropriate documentary records evidencing satisfaction of its superannuation guarantee obligations (extending over a period commencing from before 21 August 1991 where relevant).
    Author: Scott Charaneka and Emily Nighjoy-Wong
    Firm: Ebsworth & Ebsworth
    Date: October, 2003
    Times viewed: 605
  • Linking Remuneration to Directors' Performance
    Issues about director and executive remuneration have been raised again as a result of the recently passed Corporations Amendment (Repayment of Directors' Bonuses) Act 2003, as Partner Professor Bob Baxt and Lawyer Helen Horsington explain.
    Author: Bob Baxt and Helen Horsington
    Firm: Allens Arthur Robinson
    Date: June, 2003
    Times viewed: 552
  • Liquidators Obliged to Remit PAYG Deductions to ATO on Distribution of Dividend
    The Federal Court held on 15 March 2002 that a liquidator distributing a dividend is obliged to deduct and remit to the ATO a PAYG deduction in respect of a dividend being paid to a former employee on account of unpaid salary or wages.
    Author: Deacons
    Date: May, 2002
    Times viewed: 467
  • Employee share option plan safeguards
    Employee share option plans operating in New South Wales have, in recent years, been the subject of a great deal of litigation under section 106 of the Industrial Relations Act 1996 (NSW).
    Author: Gordon Williams & Andrew Martin
    Firm: Minter Ellison
    Date: April, 2002
    Times viewed: 647
  • Organisational change - It's all in the planning
    A decision to outsource a workplace function for the exclusive purpose of saving cost does not breach freedom of association laws, according to a decision of the Federal Court. Senior Associate Suzanne Weingott reviews the ruling.
    Author: Suzanne Weingott
    Firm: Allens Arthur Robinson
    Date: January, 2002
    Times viewed: 541
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