All publications relating to ‘Employment’
Can termination upon reasonable notice still be implied into an employment contract?
In Brief The traditionally accepted notion that an employment contract with no express notice provision may require an employer to provide or pay “reasonable notice” has increasingly come under the spotlight. Generally speaking (absent summary termination for misconduct), when the need to terminate employment arises, notice of termination is required to be…
Legal professional privilege and investigation reports
In Brief A recent decision of the Federal Circuit Court in an adverse action claim, has served to remind us of the pitfalls of lawyers carrying out investigative work for clients and then giving them legal advice based on their investigation. In this case legal professional privilege was held to have been waived…
Request for Flexible Working Arrangements
In Brief When companies receive employee requests for flexible working arrangements, understanding if they can accommodate their employee’s need for flexibility, whilst still maintaining their business and client interests can be a difficult balancing act. In a business environment where there are competing interests between employers, employees and clients it’s difficult to strike the…
Adverse Action claims available despite lengthy absence from work
In Brief The Federal Circuit Court has dispelled any lingering doubts as whether or not employers can safely terminate employment following a lengthy absence from work, and without potentially facing discrimination claims arising from the termination. The Facts This issue arose in the context of termination of an absent employee, a Mr McGarva, who…
Unfair dismissal and the high income threshold
In Brief In this article our employment team provides details on the high income threshold that increased from 1 July this year. The increase highlights the importance of closely reviewing and assessing what the employee’s actual earnings are when faced with a claim for unfair dismissal. The opportunity for a terminated employee to make an…
Award Wage Increase — What do I do?
In Brief With the new tax year upon us, for many businesses, workers compensation policy periods turn-over and budgets are being finalised. Amongst all this activity, the increase in award wages and the national minimum wage, can be missed, which can cause headaches for many businesses. This article highlights what businesses…
Union Visits — How does one limit uninvited guests?
In Brief Union visits and the associated tension between employers and union officials can be disruptive and stressful for both parties. The Fair Work Commission has provided recommendations to clarify rights of entry visits which will be trialled for a period of three month. This article highlights the recommendations in more detail…
How to avoid paying for employee non-work related injuries
In Brief Employers are increasingly becoming aware that allowing an employee to return to work after suffering an injury, especially a non-work related one, can be risky business. If an employee returns to work before they are fit to do so and consequently aggravates his or her condition, the employer may find…
Germany bans employers from contacting employees outside of work hours
In Brief It has been reported that in July 2013, German born Chief Executive of Swisscom, Carsten Schloter, sadly committed suicide just weeks after providing a candid interview to the Swiss media which provided an insight into the increased pressures and stress he felt caused by modern communication systems. In one media…
$105,000 awarded for defamatory tweets
In Brief The District Court of NSW has ordered a Defendant who posted defamatory statements on Twitter and Facebook about a local school teacher, to pay $105,000 in compensatory damages .This decision, the first of its kind in Australia, sends a clear message that personal attacks using social media will not be tolerated. The Facts…