Latest publications
Breaking up is hard to do — Communicating termination of employment
HARD CONVERSATIONS Two of the hardest conversations to have with anyone are ending a relationship and terminating employment. On the former, the etiquette guide Debrett’s gives this guidance on the appropriate method of communication: “Always meet up with your (soon-to-be-ex) partner; email and text are a savage and brutal mode of relationship torture”…
“Your employee offended me. What are you going to do about it?”: Employee Social Media Conduct
A Complaint is Made It’s hardly a starting or novel observation that social media platforms like Twitter and Facebook are not always exemplars of courteous, respectful discussion and debate. Exchanges can often descend into insults and crude ad hominem attacks. On occasion these exchanges will end with one of the parties threatening…
Five employment law cases that shook the world: #1 Can notice and annual leave run together?
As part of a series of articles we are examining five employment law cases that shook the world (or at least members of the Australian HR community). A matter that frequently causes confusion in the sphere of employment law is the interplay between notice and annual leave. For example, if an employee is…
Five employment law cases that shook the world: #2 Annual leave loading is payable on termination
As part of a series of articles we are examining five employment law cases that shook the world (or at least members of the Australian HR community). There was a time when there was some uncertainty as to whether an employee who was entitled to paid annual leave loading, was also entitled to…
Five employment law cases that shook the world: No #3 Annual leave and workers comp accruals
As part of a series of articles we are examining five employment law cases that shook the world (or at least members of the Australian HR community). Section 130 of the Fair Work Act 2009 (“restriction on taking or accruing leave or absence while receiving workers’ compensation”) includes the following: “(1) An employee…
Five employment law cases that shook the world: #5 — Service as a casual counts for redundancy pay
As part of a series of articles we are examining five employment law cases that shook the world (or at least members of the Australian HR community). Casual employees are entitled to a loading (or uplift) on the minimum wages paid to permanent employees (usually 25%). It is well understood that the higher…
Five employment law cases that shook the world: #4 No redundancy consultation, no unfair dismissal
As part of a series of articles we are examining five employment law cases that shook the world (or at least members of the Australian HR community). Section 385 of the Fair Work Act 2009 provides that a claim for unfair dismissal cannot be made if the dismissal was a case of “genuine redundancy”…
Protect the Intellectual Property in your Website
In setting up a website, it is essential to include standard terms which address such issues as liability disclaimers, user access terms and privacy policy. However, it is also important to ensure that your own intellectual property is fully protected and that you do not infringe the IP rights of others. 1…
The First Category 1 WHS Prosecution in New South Wales: The Meaning of “Reckless”
The recent decision of the District Court in Stephen James Orr v Cudal Lime Products Pty Ltd; Stephen James Orr v Simon Shannon [2018] NSWDC 27 is the first to deal with a category 1 prosecution in New South Wales under the Work Health and Safety Act 2011 (NSW) (Act). Categories of Offences There are…
Quirks in modern awards No’s 5 to 8
As part of our occasional series on odd and unusual terms in modern awards, we highlight a further four more quirky clauses in modern awards that employers sometimes miss. Quirks in moderns awards No. 5: Requirement to pay overtime rates where employees are kept waiting for their wages in the Building and…