All publications relating to ‘Michael Byrnes’
Mandatory Workplace Vaccination: The Current State of Play
As the Covid-19 vaccination process slowly but surely proceeds, the issue of mandatory workplace Covid-19 vaccination is increasingly coming under consideration. Two recent Fair Work Commission (FWC) unfair dismissal cases, relating to refusals by employees to have flu vaccinations, offer some useful insights into the approach that will likely be…
Workplace Health and Safety Compliance is not about the ‘Nanny State’
It is no surprise that some employees, employers and media commentators hold the view that many workplace health and safety measures are largely a manifestation of the so-called ‘Nanny State’, infantilising workers and undermining the concept of personal responsibility. For them, WHS is yet another battleground in the ongoing ‘culture wars’…
The Employment Reality of TV Fame
Reality television shows thrive on intrigue and drama. A key component of successful reality TV shows is the contestant viewers love to hate; the villain who, for a brief period of time, becomes Public Enemy No. 1. Of course, being cast in that light on a TV show can damage the reputation of…
Casual Clarification Emerges From Omnibus Breakdown
Despite the fact the majority of industrial reforms proposed by the Government in its Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (“Bill”) have been stymied by the Senate employers should welcome the fact long standing ambiguity surrounding the test for determining who a casual employee is, and…
The Federal Government Announces Proposed Workplace Relations Reforms
On 9 December 2020, the Federal Government introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (the Bill) to Parliament which will seek to implement reform to several major elements of Australia’s industrial relations laws. This article provides a high-level overview of some of the key points of…
Our most popular articles published during 2020
We are almost at the end of 2020, and with the end of a year comes the opportunity to reflect on our most popular articles published during the year: 1. COVID-19 Tenancy Update by Mary Digiglio & Tony D’Agostino | Property, Planning & Projects | 24 September 2020 2. COVID-19 | Redundancy payments during the…
Compulsory Vaccinations for Employees: The Legal Position
In the midst of the COVID-19 pandemic, and the race to create a safe, effective vaccine for the virus, the issue of vaccination is firmly on the agenda. For instance, the CEO of Qantas, Alan Joyce, has recently caused controversy by suggesting that passengers on Qantas international flights might need to…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties (Covid-19 Edition)
It’s that time of year. The‘Silly Season’. For many organisations, the official employer Christmas party is imminent. But this year, 2020, it’s with a difference. Employer Christmas parties will be held against the backdrop of the global Covid-19 pandemic. The starting point for such parties is that they are an extension of…
AFL: Assumption Fail Legalities – A Discrimination Danger for Employers
It has recently been reported that a Victoria-based AFL player, whose professional netballer wife will be playing for a Queensland club in 2021 (and relocating to that state with the couple’s very young child to do so), has been told by the AFL club for which he plays that he should leave…
The Anti-Bullying Injunction Curtailed
The Fair Work Commission Anti-Bullying ‘Injunction’ In the 2017 anti-bullying case, Lynette Bayly [2017] FWC 1886 (Bayly), the Fair Work Commission (FWC) issued an interim order which prevented the employer from taking further steps to finalise an investigation into the conduct of the employee, impose any disciplinary sanction on the…