All publications relating to ‘Michael Byrnes’
‘Tis the Season to Avoid Folly: Workplace Christmas Parties (2024 Edition)
It’s that time of year. The ‘Silly Season’. For many organisations, the official employer Christmas party is imminent.The starting point for office Christmas parties is that they are an extension of the workplace — employers need to carefully balance holding and facilitating a fun event with maintaining a safe, respectful environment for employees.Balancing the…
The Effective End of Probationary Periods?
BackgroundEven though the recent Federal Court judgment of Justice Nicholas in Dabboussy v Australian Federation of Islamic Councils [2024] FCA 1074 was interlocutory, it has nevertheless attracted much interest. This interest is warranted. The employer in the case did what many employers have done – terminated employment just before the employee…
Protecting the Complainant v Proving the Case: A Difficult Balance
In recent years employers have placed greater importance on the protection of employees who raise allegations of misconduct or wrongdoing. This has been reflected in a range of ways including policies and protocols for dealing with whistleblower disclosures, prohibitions against victimisation or adverse action, the adoption of a trauma-informed approach to workplace…
The Right to Disconnect: Contact from Customers and Clients
There has been much coverage and discussion about the newly introduced right to disconnect, particularly the right of employees to refuse contact from employers provided such refusal is not unreasonable.One of the more challenging aspects of the right to disconnect, which has been overlooked in much of the analysis and…
Employees Biden Their Time: How Old is Too Old?
Much media coverage has been given to whether US President Joe Biden has the physical capacity and mental acuity to campaign and secure a second term for the Democrats and then, if successful, effectively serve for the duration of that term. President Biden would be 82 years of age at the start…
Important Workplace Relations Changes Effective 1 July 2024
Employers and employees alike should be aware of important changes in the workplace relations arena, effective 1 July 2024. From that date:the high income threshold for unfair dismissal claims will increase to $175,000 per annum (from the present $167,500 per annum) and the compensation limit will be $87,500 (equivalent to 6 months of…
Time of Reckoning for Non-Compete Clauses
Background Non-Compete clauses are under attack from various quarters. Broadly speaking, non-compete clauses are a form of post-employment restraint that prohibit an employee from working for a competitor of their previous employer for a specified period in a defined geographic area. The rationale for non-compete clauses being imposed on departing employees is to protect the legitimate…
The Right to Disconnect: What is it? What does it mean for workplaces?
One of the most talked about and debated workplace reforms of recent times is the ‘right to disconnect’. This right was one of the workplace relations reforms included in the Closing Loopholes Bill No. 2 (Bill), passed by the federal parliament last week. Laws conferring a right to disconnect have been implemented…
Valentine’s Day in the Workplace (2024 Edition)
Valentine’s Day, the celebration of romance and romantic love, takes place annually on February 14. While many assiduously avoid what they consider to be a crass commercialisation of intimate relationships, others embrace with relish the opportunities it presents to either affirm or pursue romance, A few years ago extensive media coverage (usually with…
Lattouf v ABC: The Current State of Play
Background Just like the Israel Folau case, the proceedings commenced by journalist, host and author Antoinette Lattouf against the Australian Broadcasting Corporation (ABC) have garnered significant media attention and again shone the spotlight on the issues arising from the use of social media by employees. The applications and the responses filed…