A common question for employers is whether you and in what circumstances can they stand down an employee.
The Fair Work Commission has provided a victory for common sense in the maze of employment law rules and regulations.
Employers are regularly confronted with situations in which they need to obtain further medical information about injured or unwell employees who for...
The unfortunate answer to the Motown ballad question - 'What becomes of the broken hearted?' - is they sometimes become stalkers ...
Termination of a contract of employment upon reasonable notice has long been regarded as part of the employment law landscape. It bridges the gap where ...
The shareholders own the business, right? After all, they own the company, which pays the rent and the staff and the bills that keep the lights on and the...
22 Feb 2017 / Warwick Ryan, Partner READ MORE
THE FAIR WORK COMMISSION - HAS IT LOST ITS WAY?
There is no mystery as to what lies at the heart of healthy staff/management relationships in a business – the key is trust! So, what happens to ...
13 Feb 2017 / Warwick Ryan, Partner READ MORE
cALculating redundancy payments - does prior service as a casual count?
Australian law has for a long time recognised the concept of "casual" employment. It is generally understood that casual employees are engaged on an "as...
17 Jan 2017/ Richard Ottley, Partner and Simon Obee, Solicitor READ MORE
trust me - i'm your employer
Coming into this festive season, we tend to reflect on the year that was and what matters most in our lives. For many of us, this will be nurturing healthy...
13 Dec 2016 / Warwick Ryan, Partner READ MORE
the hunger games have arrived: HR are now the hunted!
The company structure was designed to encourage entrepreneurship and economic growth, but unfortunately it is being attacked systematically by very complex...
7 Sep 2016 / Warwick Ryan, Partner READ MORE
do we have to do what we are paid to do?
So does this authorative master/servant relationship still have a place in the modern workplace? Or can the modern worker pick and choose the duties they...
10 Aug 2016 / Warwick Ryan, Partner READ MORE
minimising employer redundancy obligations
A provision exists in the Fair Work Act, which enables employers to apply to the Fair Work Commission to minimise their redundancy obligations to staff...
28 Jul 2016 / Simon Obee, Associate and Richard Ottley, Partner READ MORE
employment law changes from 1 july 2016
It is a constant challenge for employers to remain up-to-date with changes in the dynamic environment of employment law. This article looks at a number of...
8 Jul 2016 / Simon Obee, Associate and Richard Ottley, Partner READ MORE
The complexity of employment law in australia has no future in the 'future'
Australia needs to entirely re-think how we regulate the employer/ employee relationship in this country - not to undermine worker's rights - but to ensure ...
22 Jun 2016 / Warwick Ryan, Partner READ MORE
The perils of misleading your prospective employees
There are few court decisions which deal with damages claims by employees lured into new employment by prospective employers' assurances, and who suffer ...
18 May 2016 / Richard Ottley, Partner read more
Proceedings under the Fair Work Act – Is the Fair Work Commission really a cost free jurisdiction?
Common questions asked by parties in unfair dismissal claims are "will I get my costs back if I win?" and "will I have to pay the other side's costs if I ...
18 May 2016 / Richard Ottley, Partner and Simon Obee, Solicitor read more
The future and HR - the other side of the worm-hole
Recently, we hosted a seminar on the Future of HR and heard from two experts in the field about their experience and thoughts on the rapidly transforming ...
17 May 2016 / Warwick Ryan, Partner read more
The deceit of the policy manual
"Those are my principles, and if you don't like them... well, I have others." - Groucho Marx
17 May 2016 / Warwick Ryan, Partner read more
Workplace liability in unexpected places
In this article we look at two recent cases where employers face penalties in circumstances which highlight the need for employers and managers to be ...
22 Mar 2016 / Richard Ottley, Partner and Simon Obee, Solicitor read more
If you employ a worker for a particular project, can you terminate them at the end of that project?
Today in the world of Australian property, contingent workers fit the bill. Yet many employers have questions over whether you can terminate a contingent ...
22 Mar 2016 / Warwick Ryan, Partner read more
Is change ahead? The future of procedural fairness in unfair dismissal claims
A frequent area of confusion for employers, is the process which should be followed when terminating employment. This article looks at calls for reform to ...
23 Feb 2016 / Richard Ottley, Partner read more
When is a contractor not a contractor? Is an ABN enough?
Employment lawyers are constantly being told by their clients: "It's okay, he/she has an ABN". Employers often presume, as the worker has the "magical ...
9 Dec 2015 / Warwick Ryan, Partner read more
Can you still set off an employee's salary against Award entitlements? It's complicated!
In the area of set offs in employment law, a word of warning to cut through some of the complexity. You won't necessarily achieve the objective of being ...
9 Dec 2015 / Richard Ottley, Partner and Simon Obee, Solicitor read more
Unions are not above the law
In a very recent decision of the Federal Court, the Maritime Union of Australia (MUA) had damages awarded against it of $482,000 and was ordered to pay a ...
15 Apr 2015 / Warwick Ryan, Partner read more
Moonlighting employees – it can be difficult to stop
There can be a number of particularly important reasons why employers need to know whether an employee is working elsewhere and also the nature of that work.
11 March 2015 / Warwick Ryan, Partner READ MORE
Can you require an employee to provide medical evidence or attend a psychiatric examination?
From time to time employers will be faced with an employee whose behaviour suggests that they may have an underlying medical condition affecting their ...
3 March 2015 / Richard Ottley, Partner READ MORE
They just don’t get on...but what can I do?
It can be a really difficult situation for an employer when two staff members simply do not get on. Neither is necessarily at fault or, alternately, both ...
19 Jan 2015 / Warwick Ryan, Partner read more
Directing an employee to go on gardening leave
When an employment relationship comes to an end, there are various mechanisms available to an employer to protect their business interests from an ex ...
22 Oct 2014 / Richard Ottley, Partner and Ellen Davis, Solicitor read more
A flattering performance appraisal can be your undoing
We all try and see the best in people, right? We have been told that if you compliment and encourage people their behaviour will improve, correct? So ...
14 Oct 2014 / Warwick Ryan, Partner read more
Can the Springboard principle be applied to restrain a former employee?
Employers have struggled in the past to find ways of restraining a former employee from setting up in competition and from soliciting their clients and ...
9 Oct 2014 / Richard Ottley, Partner read more
DEFAMATION ALLEGED IN RELATION TO TEACHER PERFORMANCE REPORT
A recent action in defamation commenced by a person engaged as a casual teacher for a period of 1 month at a country high school, has cast the spotlight on ...
2 Oct 2014 / Richard Ottley, Partner read more
DEMISE OF IMPLIED TERM OF MUTUAL TRUST AND CONFIDENCE - HIGH COURT DECISION
The legal fraternity has been eagerly awaiting the decision of the High Court in the case of Commonwealth Bank of Australia v Barker [2014] HCA 32 (10 ...
12 Sep 2014 / Richard Ottley, Partner read more