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Practical Articles
  • The New Fair Work Act 2009
    Author: Anil Herat
    Firm: Legal Recovery Solutions
    Date: November, 2009
    Times viewed:
  • Another Way Around Amcor?
    The Australian Industrial Relations Commission recently found that employees were not entitled to severance payments on redundancy when they were offered acceptable alternative employment with a new employer.
    Author: John Naughton
    Firm: Allens Arthur Robinson
    Date: August, 2005
    Times viewed: 723
  • 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
  • Workplace Surveillance Act passed in New South Wales
    The rights of New South Wales employers to conduct covert surveillance of their workplaces will be severely restricted when the Workplace Surveillance Act 2005 commences.
    Author:
    Firm: Allens Arthur Robinson
    Date: July, 2005
    Times viewed: 1565
  • Workplace Policy Fails to Prevent Employer Liability
    The Victorian Civil and Administrative Tribunal has found an employer failed to take reasonable precautions to prevent sexual harassment, despite having developed a sexual harassment policy for the workplace.
    Author: Jamie Wells
    Firm: Allens Arthur Robinson
    Date: July, 2005
    Times viewed: 730
  • Discrimination against Casual Teachers
    The New South Wales Court of Appeal has found that the NSW Department of Education and Training discriminated against female casual teachers by restricting their access to the higher pay rates available for permanent teachers.
    Author: Rebecca Davern
    Firm: Allens Arthur Robinson
    Date: January, 2005
    Times viewed: 719
  • 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
  • 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
  • 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
  • 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
  • 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
  • NSW to Regulate 'Cybersnooping' at Work
    The NSW Attorney-General is about to release a draft exposure Bill to require employers to make employees aware of any form of workplace surveillance or first obtain a court approval to conduct surveillance.
    Author:
    Firm: Allens Arthur Robinson
    Date: April, 2004
    Times viewed: 717
  • Are Your Private Emails Really Private?
    Research in the United States has shown that although 92% of employers monitor the email of their employees, not all of them have properly informed their employees about this. Australia is now beginning to legislate to ensure that fair and equitable guidelines are being followed.
    Author: IT/IP News
    Firm: Hopgood Ganim Lawyers
    Date: April, 2004
    Times viewed: 546
  • “From Redundancy to Re-Instatement” - the Journey of Two Injured Workers
    Employers were recently given an alarming reminder by the Australian Industrial Relations Commission of the importance of implementing fair and lawful selection procedures when downsizing. In a recent case, an employer was ordered to reinstate two injured employees as well as pay them 18 months’ back pay.
    Author: Kris Growcott and Simone Szalmuk-Singer
    Firm: Herbert Geer
    Date: March, 2004
    Times viewed: 641
  • 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
  • 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
  • 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
  • Email Policy Precautions
    Recent case has shown that where an employer has a reasonable internet and email policy in place which has been communicated to employees, a termination for serious breach of the policy is likely to be upheld. This article sets out the guidelines of such a policy.
    Author: Joe Ganim, Jill Tudberry and Craig Cameron
    Firm: Hopgood Ganim Lawyers
    Date: January, 2004
    Times viewed: 788
  • Anti-spam legislation has consequences for Australian business
    New anti-spam legislation, passed this month by Federal Parliament, will impose a number of obligations on organisations in the field of e-commerce. The Spam Act 2003 (Act) is designed to tackle the proliferation of unsolicited emails and other messages such as SMS text, used by marketeers that not only clog-up recipients' inboxes and slow productivity, but often carry offensive and illegal content such as pornography and financial scams.
    Author: Burt Hill
    Firm: Freehills
    Date: January, 2004
    Times viewed: 570
  • Location, location, location - a different direction
    Recently, an employee sought to use anti-discrimination legislation as a means to challenge her employer’s ability to relocate her primary place of work.
    Author: Kathy Dalton and Simone Szalmuk- Singer
    Firm: Herbert Geer
    Date: December, 2003
    Times viewed: 397
  • If you go down to the park today ...
    A recent case that again demonstrates the limits of pleading public and private safety concerns as a defence to discriminatory treatment.
    Author:
    Firm: Allens Arthur Robinson
    Date: December, 2003
    Times viewed: 485
  • Disability discrimination imbalance
    The High Court has endorsed a balanced view to discrimination complaints in accepting that a school is entitled to rely on bad behaviour to exclude a difficult but disabled student (Purvis v State of NSW [2003] HCA 62).
    Author: Jamie Wells
    Firm: Allens Arthur Robinson
    Date: December, 2003
    Times viewed: 522
  • Latest changes to the Sex Discrimination Act
    Recent legislation passed through Federal Parliament has important implications for employers in relation to discrimination on the grounds of pregnancy.
    Author: Damian Sloan and Daniel Miller
    Firm: Ebsworth & Ebsworth
    Date: November, 2003
    Times viewed: 612
  • Are you liable? Sexual harassment in the workplace
    Two recent cases in New South Wales and Queensland have highlighted that employers may be vicariously liable for sexual harassment of their employees if they do not take reasonable steps to prevent such behaviour in the workplace.
    Author: Glenn Fredericks
    Firm: Freehills
    Date: November, 2003
    Times viewed: 934
  • To avoid liability, train managers to identify, monitor and prevent harassment early
    In the case of Caton v Richmond Club Limited [2003] NSWADT 202, the New South Wales Administrative Decisions Tribunal (‘the Tribunal’) has sent a clear warning to employers that they must act early if they want to avoid been held vicariously liable for harassment. If managers or supervisors have informal knowledge that an employee’s behaviour is potentially unlawful, active steps must be taken to monitor the behaviour and enforce anti-discrimination policies.
    Author: Rick Catanzariti and Naomi Miller
    Firm: Phillips Fox
    Date: October, 2003
    Times viewed: 507
  • Workplace theft - what can you do?
    In today's industrial relations climate, employers are often hesitant to terminate an employee's employment for justifiable reasons such as theft.
    Firm: Hopgood Ganim Lawyers
    Date: October, 2003
    Times viewed: 929
  • Please Don't Sit Down
    Australia Post was recently found to have acted unlawfully when it refused to allow a worker to sit down whilst at work. The Federal Court decision serves as yet another example of the consequences of failing to make reasonable adjustments for workers with disabilities, who require them in order to remain in employment. (see Daghlian v Australian Postal Corporation [2003] FCA 759 (23 July 2003))
    Author: Kathryn Dalton and Simone Szalmuk-Singer
    Firm: Herbert Geer
    Date: September, 2003
    Times viewed: 477
  • Maternity Leave - So She Wants to Return to Work Part-time?
    The decision of the Federal Magistrates’ Court confirms an employer’s duty to make all reasonable efforts to accommodate female employees who wish to return to part-time work at the conclusion of their maternity leave (Mayer v Australian Nuclear Science and Technology Organisation [2003] FMCA 209 (6 August 2003)).
    Author: Kathryn Dalton and Simone Szalmuk-Singer
    Firm: Herbert Geer
    Date: September, 2003
    Times viewed: 540
  • Perils of drafting a release
    Dismissed employees signing deeds of release in exchange for extra termination benefits are unlikely to be allowed to challenge the dismissal. But the release may not prevent other claims, as shown by a recent NSW decision, reports Suzanne Weingott.
    Author: Suzanne Weingott
    Firm: Allens Arthur Robinson
    Date: September, 2003
    Times viewed: 578
  • Discrimination and sick leave
    A recent decision of the Administrative Decisions Tribunal of New South Wales illustrates that over-zealous management of employees with extensive sick leave records may breach anti-discrimination laws.
    Author: John Naughton
    Firm: Allens Arthur Robinson
    Date: September, 2003
    Times viewed: 974
  • A limited time for discrimination in NSW
    The Administrative Decisions Tribunal of New South Wales has confirmed that a complainant enduring discriminatory conduct for an extended period may need the consent of the President to proceed with a complaint.1 Andrew Cardell-Ree reports.
    Author: Andrew Cardell-Ree
    Firm: Allens Arthur Robinson
    Date: May, 2003
    Times viewed: 513
  • Requirement to speak English is not race discrimination
    A recent decision of the Equal Opportunity Tribunal of Western Australia (Tribunal) has found that a requirement to speak English in the workplace was not direct or indirect discrimination on the grounds of race.
    Author: Scott Ellis and Damian Cronin
    Firm: Freehills
    Date: May, 2003
    Times viewed: 471
  • Sexual discrimination and personal presentation of employees - What can be unfavourable treatment?
    Can an employer have 'personal presentation' rules that prohibit the wearing of earrings by male employees, when the same rules do not apply to female employees? The Administrative Decisions Tribunal, New South Wales (Tribunal), has held that such rules resulted in the unfavourable treatment of male employees and were discriminatory under the Anti-Discrimination Act 1977 (NSW) (Act).
    Author: Jenny Casilli and Kate Jenkins
    Firm: Freehills
    Date: May, 2003
    Times viewed: 909
  • Balancing OHS and discrimination obligations
    Three recent decisions of the New South Wales Administrative Decisions Tribunal (NSWADT) have emphasised the often conflicting obligations imposed on employers in relation to their employees and the workplace.
    Author: Julian Riekert
    Firm: Allens Arthur Robinson
    Date: March, 2003
    Times viewed: 679
  • Has the future of pre-employment testing arrived?
    In August 2002 the Australian Law Reform Commission published a Discussion Paper on the Protection of Human Genetic Information, which considers issues relating to the collection and use of genetic information in the workplace.
    The Discussion Paper sets out concerns regarding the existing anti- discrimination framework and recommends important changes to protect job applicants and employees.
    Author: Robyn McIlroy
    Firm: Freehills
    Date: February, 2003
    Times viewed: 579
  • Conducting random searches
    Employers may have the right to conduct searches of their employees' bags in order to protect company property from theft.
    Author: Tracey Cross
    Firm: Freehills
    Date: January, 2003
    Times viewed: 643
  • Bullying at work
    In light of the serious ramifications of workplace bullying, employers should consider introducing anti-bullying policies.
    There is increasing governmental recognition of the problem of workplace bullying.
    Author: Robyn Mcllroy
    Firm: Freehills
    Date: November, 2002
    Times viewed: 529
  • What are your employees doing outside work hours?
    Do employers have the right to investigate and take disciplinary action against employees over conduct outside work hours and away from the employer's premises? This article reviews a recent decision where the WA Court of Appeal held that an employer could investigate an employee's alleged sexual misconduct because there was a connection between the employee's conduct and his employment.
    Author: Natalie Shaw and Karen Hasluck-Janes
    Firm: Allens Arthur Robinson
    Date: November, 2002
    Times viewed: 571
  • Do your employees know their maternity leave rights?
    A recent decision of the New South Wales Industrial Relations Commission reminds all employers to inform workers about maternity leave entitlements prior to maternity leave being taken.
    Author: Peta Nowacki
    Firm: Allens Arthur Robinson
    Date: November, 2002
    Times viewed: 857
  • New programs for managers and HR professionals
    The Institute of Knowledge Development (IKD) is offering a new series of public and customised equal opportunity programs for managers and human resources professionals.
    Author: Jil Toovey, Institute of Knowledge Development
    Firm: Freehills
    Date: November, 2002
    Times viewed: 505
  • Maternity leave and return to work: obligations on employers
    Two recent Federal Court decisions have emphasised that under State and federal equal opportunity legislation, employers have a two-fold obligation to employees returning from maternity leave.
    Author: Peta Bissell
    Firm: Freehills
    Date: November, 2002
    Times viewed: 1914
  • The ALRC report into the protection of human genetic information: employment
    The rapid development of genetic science and technology has resulted in human genetic information becoming easier, quicker and cheaper to obtain. The range of its potential applications has also expanded. The Inquiry observed that employers are likely to be increasingly interested in uncovering and using genetic information in the workplace for a variety of reasons.
    Author: Ben Arnall
    Firm: Allens Arthur Robinson
    Date: October, 2002
    Times viewed: 674
  • Employer rights and responsibilities of human genetic information
    Cathy Scalzo reports on the release of an Australian Law Reform Commission discussion paper that considers the rights and responsibilities of employers using genetic information about their employees.
    Author: Cathy Scalzo
    Firm: Allens Arthur Robinson
    Date: October, 2002
    Times viewed: 759
  • Recruitment discrimination against transsexuals
    Two recent decisions of the New South Wales Administrative Decisions Tribunal dealing with transgender discrimination claims brought by one applicant set out important findings for recruitment agencies and employers.

    Author: Tony Wood and Sylvia van der Heyden
    Firm: Freehills
    Date: August, 2002
    Times viewed: 683
  • Drug addiction in the workplace
    The Anti-Discrimination Amendment (Drug Addiction) Act 2002 (NSW) (Act) received assent and came into force on 15 April 2002.
    Author: Robyn Mcllroy
    Firm: Freehills
    Date: August, 2002
    Times viewed: 417
  • Sexual Harassment - A Big Problem for Small Businesses
    Many of the sexual harassment complaints made in the last 12 months relate to small businesses. This article outlines why this is a problem and what can be done.
    Author: Clare Dowling
    Firm: Middletons Lawyers
    Date: May, 2002
    Times viewed: 609
  • Employer Obligations Regarding Employees’ Use of Internet and E-mail
    This article examines steps employers should take to ensure that employee use of internet and e-mail facilities does not expose the employer to breach of anti-discrimination laws and/or workplace health and safety obligations.
    Author: Philip Copeland
    Firm: Corrs Chambers Westgarth
    Date: April, 2002
    Times viewed: 778
  • Bullying in the Workplace - a Health and Safety Hazard
    The culture of silence and secrecy that surrounds workplace bullying leads to the development of hostile and even violent working environments. The perception is that ‘management inertia’ is the cause. Whatever the reason, the consequences for organisations can be dire. Apart from the direct impact on employees who are targets or even witnesses, bullying often results in falling productivity and a significant drain on resources. There could well be legal consequences for the employer.
    Author:
    Firm: Abbott Tout
    Date: April, 2002
    Times viewed: 835
  • Employee Privacy
    The question of privacy in the workplace is a vexed question and one which has attracted a lot of attention since the Privacy Act was introduced in December 2001. Perhaps the most contentious area is the issue of employee records. This has been the focus of a Paper by the Victorian Law Reform Commission.
    Author:
    Firm: Abbott Tout
    Date: March, 2002
    Times viewed: 563
  • Tribunal deems council vehicle policy 'discriminatory'
    A council was found to have indirectly discriminated against five members of staff on the ground of sex when it provided some but not all assistant managers with the use of a council car. The council's car policy was found to have unreasonably disadvantaged female members of staff.
    Author:
    Firm: Freehills
    Date: March, 2002
    Times viewed: 453
  • Employers must consider worker's family commitments
    A short introduction to new legislation introduced in NSW in 2001 that requires employers to implement flexible work arrangements for employees who have carer's responsibilities.
    Firm: GWM Lawyers
    Date: February, 2002
    Times viewed: 749
  • Protection of human genetic information - will Gattaca become reality?
    A discussion of The Australian Law Reform Commission and the Australian Health and Medical Research Council's recent analysis of the implications of developments in the collection, use and disclosure of genetic information for Australian employment law.
    Author: Katrina Tucker
    Firm: Allens Arthur Robinson
    Date: December, 2001
    Times viewed: 779
  • Worker loses NSW privacy case
    The NSW Administrative Decisions Tribunal has okayed the circulation of details of an employee’s work conduct, rejecting arguments that the information was protected by state privacy law.
    Author:
    Date: November, 2001
    Times viewed: 525
  • Is an employer liable for the sexual harassment of an employee?
    A decision of the Victorian Civil and Administrative Tribunal gives employers something to think about.
    Author:
    Firm: Abbott Tout
    Date: November, 2001
    Times viewed: 482
  • Courts overturns landmark work from home case
    Anti-discrimination legislation provides that employers must not discriminate against employers who have family responsibilities
    Author: Sarah Nieuwenhuysen , Kelly Halpin and Karen O'Sullivan
    Firm: Minter Ellison
    Date: October, 2001
    Times viewed: 490
  • Surveillance in the work place
    Intrusive surveillance can cause problems in the workplace.
    Author: Belinda Harding
    Firm: Abbott Tout
    Date: October, 2001
    Times viewed: 1634
  • Key family responsibilities decision now in doubt after successful appeal
    Requests for flexible work arrangements from employees with family are on the rise. Recent court decisions have begun to shape how these requests are to be determined.
    Author: Tony Wood
    Firm: Freehills
    Date: September, 2001
    Times viewed: 628
  • Model acceptable use policy for employee use of the internet
    As provision of Internet access by employers to employees becomes increasingly common, issues arise as to acceptable use of the Internet in workplaces.
    Date: July, 2001
    Times viewed: 592
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