Latest publications
Surveillance in the Workplace
In Brief New South Wales is one of the few Australian states which has dedicated legislation addressing surveillance in the workplace. The Workplace Surveillance Act 2005 (NSW) (the Act) deals with camera, computer and tracking surveillance. The Act provides that in some circumstances employers can surveil employees with their knowledge (overt…
Payment for Standing By
In Brief Many industrial awards provide that employees are entitled to payment for “standing by” – ie periods of time where they are not at work but must be ready to be called in to work. A recent Federal Court of Australia decision held that an employer owed four electricians for time “standing…
Strata and Community Title Reform in NSW
The NSW Government has released a discussion paper and has sought feedback and comments regarding proposed reform to the strata and community scheme laws. A summary of some of the key discussions points is below: We have more than 70,000 strata and community title schemes worth an estimate of $350 billion in total assets…
When Competitors Steal Staff There Are Legal Consequences
In Brief A competitor can be made to pay when they poach employees and then harvest confidential information those employees have. In the recent decision of Wilson HTM Investment Group Limited & Ors v Pagliaro & Ors [2012] NSWSC 1068, Justice Bergin in the New South Wales Supreme Court determined that information of the revenue levels…
Breach of an employer’s duty of mutual trust and confidence
In brief In Barker v Commonwealth Bank of Australia [2012] FCA 942 the Federal Court determined that a policy dealing with redeployment, was of sufficient stature as to render a breach of it, a breach of the employer’s duty of mutual trust and confidence. Background Mr Barker had been employed by the Commonwealth Bank of Australia…
Are you sure you don’t want to check that? Liability limits for carry-on baggage on domestic flights
In Brief The emergence of Low Cost Carrier airlines, and the unbundling of checked baggage by legacy carriers has resulted in more airline passengers travelling with carry-on baggage only, or using their full carry-on allowance and minimising their checked baggage. Similarly, the emergence of smartphone and tablet PC technology has meant…
Twiggy off the hook — Forrest v Australian Securities and Investments Commission [2012] HCA 39
IN brief The High Court appeal against the Full Federal Court decision (handed down in February last year) related to conduct by both Fortescue Metals Group Ltd (FMG) and Mr Andrew Forrest in relation to a breach of continuous disclosure obligations under the Corporations Act 2001 (Act) and of Mr Forrest’s duties…
Copyright and employees: Who owns what?
In brief — Employment contracts and intellectual property rights A recent Federal Court decision highlights the need for employers to ensure that as well as clearly setting out the duties of employment, employment contracts also include a comprehensive assignment of all intellectual property rights, if the employer is to be assured…
General protection provisions of the Fair Work Act
In Brief The General Protection Provisions of the Fair Work Act (the Act) (being a consolidation and enhancement of various employee rights previously contained in the Workplace Relations Act) present a significant challenge to all employers. The General Protection Provisions cover, amongst other things,: Workplace rights of the employee (see below). The rights of…
Overview of Fair Work Act obligations for employers
In Brief Experience to date has shown that businesses are struggling to keep up with the dynamic industrial and workplace relations landscape generated by successive governments. The purpose of this article is to alert employers to changes of significance and to things which need to be addressed urgently by employers…