Latest publications
A Practical Guide to Warnings in the Workplace
What is a workplace warning? A warning is a communication be it verbal (more informal) or written (more formal) to an employee about their performance or conduct at work. They are a mechanism for communicating an identified area where an employee needs improvement, or where conduct does not meet the requisite standard. The aim is…
Hiring a worker who is not an Australian citizen? Your responsibilities have now increased
In Brief For some businesses attracting and retaining employees in low skill or alternately highly specialised roles is an ongoing challenge. To stay competitive and retain control of the labour spend, it can be necessary to employ workers who are not citizens of Australia. There has always been an element of…
Relocating children after divorce — When is it okay?
In Brief As more families become “international” many are faced with the dilemma that on divorce (or separation) one partner wants to go back home with the children and the other wants them to stay here. This article outlines what to consider if you’re thinking about leaving Australia. Globalisation has led…
The dos and don’ts when terminating employees
In Brief How you terminate an employee can be a minefield, with many employers finding themselves before the Fair Work Commission because they got it wrong. A claim for unfair dismissal is an accessible and cheap process for many employees which can end up costing employers a lot of time and money. This article…
Stop bullying orders — workplace bullying soon to become a more public ordeal
In Brief Bullying has increasingly been recognised as a serious issue in the workplace, in education and in the online world. Recently the Victoria Supreme Court ordered an employer pay a bullied employee $600,000 following their inaction over her bullying claims. The case demonstrates the seriousness of bullying and how important it is…
Workplace Policies: Directives or Contractual Terms
In Brief Most employers have now have implemented workplace policies, whether they are addressing discrimination, use of company vehicles or health and safety. While policies are often treated as providing directions from an employer the issue of their status is a more complicated one. Workplace policies can actually have the force of…
Corporate governance: High Court confirms its power to correct directors’ innocent mistakes
In Brief In a recent case the High Court has acknowledged that innocent mistakes can happen in relation to corporate governance and has unanimously confirmed the breadth of the Court’s power to correct such mistakes. Weinstock v Beck ([2013] HCA 14) concerned a family business, L W Furniture Consolidated (Aust) Pty Ltd (LWC), and a shareholder application…
Cellarmaster Wines must swallow a $110,000 penalty from ACMA
In Brief ACMA’s most recently publicised enforcement action, against Cellarmaster Wines Pty Ltd (part of the Woolworths group) acts as a timely reminder that every business must take sufficient care in managing its responsibilities under the Spam Act 2003 (Act). Swaab has observed that ACMA has ramped up enforcement action in…
Employers need to be aware of changes to the Migration Act 1958 (Cth)
In Brief In March of this year the Migration Amendment (Reform of Employer Sanctions) Act 2013 (Cth) (the Amendment) was passed. This Amendment has introduced several important changes to the Migration Act 1958 (Cth) (the Act). These include offences and civil contraventions for employers in addition to increased powers for the…
What to avoid when terminating employees
In Brief There are several actions which Employers need to be aware can get them into trouble regarding terminating an employee and any subsequent employee claim to the Fair Work Commission. Remember a claim for unfair dismissal is an accessible and cheap process for many employees which can end up costing employers…