In such a varied landscape, employers can become confused about rules and regulations around leave, payment, rostering and other elements …
News
New rules for Australia’s 400,000 fixed term contract workers a ‘clear win’ for employees
A major overhaul of the nation’s fixed-term contract rules will provide vital protection against exploitation for close to 400,000 Australian employees, experts say …
Ambulance Victoria and workers at odds on push to force them into the office
Ambulance Victoria is facing an emergency of its own, with more than 1,000 staff refusing to head back to the office …
Why Ambulance Victoria has been taken to Fair Work
Ambulance Victoria is in a Fair Work dispute with its office staff over a proposal where they only work from home for two days …
Probation sackings face legal challenges after Qantas ruling
Businesses will find it much harder to sack underperforming new hires shortly before they reach their six-month probation due to the High Court ruling …
Expert Tips: Common legal concerns for employers
Staying abreast of Australia’s dynamic employment law landscape is essential for businesses to ensure compliance and avoid common pitfalls …
How HR can prepare for upcoming changes to fixed-term contracts
Sweeping changes to workplace laws have been made under the federal government’s Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 …
WFH: Fair Work rules against worker sacked for not doing enough
A recent Fair Work Commission (FWC) decision has added new fuel to the ongoing discussions between businesses and their employees …
2023 Young Influencer on text messages as evidence in legal cases
One area of law that evolved significantly over the past few years has been employment law …
Termination vs redundancy: why you should never confuse the two
Ending someone’s employment can be a tough call, but there’s a right and wrong way to go about it …
Rights of casual workers grow as industrial battle widens
Workplace Relations Minister Tony Burke has unveiled plans to give an estimated 850,000 casual staff new rights to full-time employment …
Removing employee from WhatsApp group amounted to dismissal, finds FWC
Even if you don’t verbalise a termination to an employee, your actions can still land you in hot water …
Can you be dismissed without formal communication or warnings? FWC decides
A recent case before the Fair Work Commission (FWC) has highlighted the importance of clarity when dismissing an employee …
Disability and your rights at work: What you need to know
If you’re among the one in six Australians with a disability, your employment rights are protected by law …
Finalists revealed for the 2023 Australian Law Awards
Over 360 finalists have been selected for the 23rd annual Australian Law Awards, being brought to you by Lawyers Weekly …
Finalists revealed for Partner of the Year Awards 2023
Nearly 300 finalists have been chosen to battle it out in 34 categories at the 2023 instalment of the Partner of the Year Awards …
Jewell Hancock principal on leading a law firm born during the pandemic
Trent Hancock has always enjoyed an intellectual challenge, and it was this that led him into a legal career …
Four things you didn’t know you could be fired for
No one envisages getting fired when they start a new job, but it’s important to know up front what you could be sacked for …
Redundancy can cause emotional distress but employees have rights to challenge it
Thousands of Australians were made redundant during the COVID-19 pandemic and many more will encounter this form of job loss …
Simple employment contract fix to stop your boss from forcing you to work from the office
A workforce trend growing in popularity could see eligible employees render their bosses powerless in their ability to force staff to work from the office …
The likely change to work from home arrangements in employees’ contracts
Working from home has become a popular option for employees, with Melbourne workers embracing the remote conditions …
Misconduct discovered after a dismissal considered as legitimate evidence
A recent decision from the Fair Work Commission (FWC) has confirmed that employers are able to rely on the “full extent” of misconduct …
Australasian Lawyer crowns 71 legal talents under 35 who shone brightly over the past 12 months
Being a pillar of support for both clients and colleagues was a key trait for many of Australasian Lawyer’s Rising Stars for 2023 …
Why more casuals have converted to permanent employment at Woolworths than McDonald’s
It has now been almost two years since the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Act 2021 (Cth) …
Jewell Hancock principal: ‘Find a job you like doing’
Andrew Jewell believes that lawyers shouldn’t be encouraged to “leave their personality at the door” …
Queensland teachers will be granted the ‘right to disconnect’ in new enterprise agreement
An overwhelming majority of Queensland teachers have voted in favour of a deal giving them the right to disconnect outside of work hours …
The importance of compliance with enterprise agreement obligations
Enterprise agreements give employers and employees the freedom to bargain for better working conditions, flexibility and wages to suit their individual needs beyond a Modern Award …
Staffing over the holiday season: What’s legal and what’s not?
From closure and staff leave to public holiday pay, here’s what you need to know as an employer …
Four crucial lessons for small businesses after casual florist worker wins unfair dismissal case
A casual at an Adelaide florist who claimed she was wrongfully dismissed for taking three sick days has won her case at the Fair Work Commission …
20 firms kept growth momentum going as the country continues to return to normalcy
As Australia continued to tackle the fallout from COVID-19 over 2021-2022, the legal profession faced new legal issues and needs …
Prominent Baptist minister and football fan conflicted over Essendon fallout
A lifelong Essendon fan and Baptist minister has spoken out about a scandal that has rocked his two great loves — faith and football …
Could Andrew Thorburn take legal action against Essendon?
Tom Elliott raised the possibility of Andrew Thorburn being able to sue Essendon after his religious links led to him departing the Bombers …
Your legal obligations: Part-time vs casual workers
In a competitive job market, more employers are thinking outside the square to attract and retain the workers they need …
Know your rights: Part-time and casual work
Whether it’s your very first job or your first step outside of full-time work, understanding the difference between part-time and casual can help you …
Leading boutiques in Australia for 2022 revealed
After two years of turbulence and of merely reacting to the latest developments, law firms are finding their footing and taking charge once more …
What businesses can learn from Australian racing driver Oscar Piastri and the latest F1 contract mayhem
Australian racing driver Oscar Piastri shocked the Formula 1 world on Wednesday, denying a public statement from F1 team Alpine …
What happens when an employee and employer have different beliefs?
The recent Manly pride jersey saga has once again put the spotlight on an increasingly common tension in the employer and employee relationship …
What you need to know about reference checks
Many employers question the value of reference checks – they can be time consuming, especially when you are keen to sign off on your selected candidate …
Could NDA restrictions limit victims’ ability to negotiate higher payments?
Restrictions on non-disclosure agreements need to be very carefully implemented as the restrictions may, in fact, limit the rights of sexual harassment victims …
New legislation in the works to protect gig economy workers after historic Uber deal
The federal government has committed to introducing legislation to protect gig economy workers after a historic agreement …
Jewell Hancock promotes 2
SME firm Jewell Hancock has promoted two lawyers, in a move to boost firm growth …
Changing profession friendly towards junior lawyers
Trent Hancock – principal at Jewell Hancock, and winner of this year’s Lawyers Weekly 30 Under 30 Award in Employment and Workplace Relations …
A Current Affair - June 18, 2022
Australia’s office occupancy rates following the pandemic have re-ignite the work from home debate amongst employers and workers …
Office occupancy rates ignite working from home debate
Melbourne merchandise manager Jenny Searle is among a growing number of employees around the country who say they’re done with the office …
The legal considerations you need to know when your employees request a pay rise
Much has been made of a recent increase of the cost of living in Australia which has been matched with flat wage growth …
Can you deny an employee’s annual leave request?
As the world reopens and people start planning holidays, employers might be faced with resourcing issues …
Fundamentals of Employment Law
Are you aware of the minimum requirements to make an unfair dismissal claim? Or the remedies available to employees experiencing bullying? Watch our Victorian Law Week webinar …
Know your rights: LGBTIQA+ discrimination at work
Most people are aware that it’s illegal for a company to decide not to hire you based on your LGBTIQA+ identity. What some people may not realise though …
How to ensure compliance when conducting reference checks
A thorough reference check could be your best defence against a bad hire, but be wary of legal pitfalls that could arise …
Religious Discrimination Bill ‘Trojan Horse for hate’
The Religious Discrimination Bill now has the support of the opposition following another controversial amendment, making it that much more likely to pass through the House of Representatives and into the Senate …
Back to the office? These are your rights as an employee
As Australia muddles through another wave of the pandemic, employees are reluctant to head back to the office full-time after years of working from home …
Interview with Trent Hancock, founder of Jewell Hancock Employment Lawyers
Trent Hancock is the Co-Founder and Principal Lawyer at Jewell Hancock Employment Lawyers, a law firm in Melbourne that provides specialised legal services to employees …
Staff could walk out on the job unless they get RATs free of charge
Unions are threatening to walk off the job unless employers give out elusive rapid antigen tests (RATs) free of charge …
Workplace commission rejects an employee’s bid to work remotely from interstate
A workplace tribunal has found a Queensland employer’s decision to reject a worker’s request to work remotely was “fair and reasonable” …
Know your rights: Internships
Internships can be a great way of giving you valuable experience in your industry and an opportunity to get your foot in the door with an employer …
Two legal experts answer HR’s COVID-19 vaccination mandate questions
After our readers put forward some of their most pressing COVID-19 vaccination mandate questions, we asked two lawyers to respond. Here’s what they said …
Fair Work upholds dismissal of worker who refused to get the flu shot
Employment lawyers say a decision on Monday to uphold the dismissal of an aged care worker who refused to get the flu shot last year should provide some reassurance to employers …
5 common legal pitfalls to avoid when you're hiring
Thinking about your responsibilities when it comes to the law and HR can be daunting …
NSW mandates COVID-19 vaccine for certain workers: What does it mean for employers?
NSW premier Gladys Berejiklian has suggested some industries will reopen to vaccinated customers and employees from next month …
Can I be fired without 3 written warnings?
When it comes to the law around written warnings, it’s normal to have questions …
SEEK boss predicts employers will ‘inevitably’ request vaccination status of job seekers, but is it legal?
Employers that enforce a vaccination mandate in their workplace will be able to request the vaccination status of candidates on job ads …
‘Unrealistic’: SPC’s no jab, no work plan out on a legal limb
Food giant SPC Australia’s plan to force workers to get COVID vaccines has sparked controversy, with unions labelling it “unrealistic” …
SPC becomes first Aussie business to make COVID-19 vaccine compulsory for 450 workers
The direction of Victorian food processor SPC for all staff to get vaccinated against COVID-19 could lead to Australia’s first ever test case over what’s considered a frontline worker …
Aussie chairman says staff 'very happy' with vaccine mandate
SPC is Australia’s first company to mandate vaccinations for staff, a decision chairman Hussein Rifai said is welcomed by all employees …
WA's hotel quarantine workers have been told no jab, no job
All hotel quarantine workers in Western Australia must now be vaccinated under the state government’s public health direction …
Legal roundtable: How will defining sexual harassment as ‘serious misconduct’ affect SMEs?
The Fair Work Act will be amended to allow employers to summarily dismiss perpetrators of sexual harassment in the workplace …
KPMG to abolish controversial ‘expected’ retirement policy
Partners at KPMG have reportedly voted to abolish the firm’s “expected” retirement age of 58 from July 1 this year …
What employers can learn about duty of care from the government’s handling of Brittany Higgins’ alleged sexual assault
There are a lot of disturbing details in the recent story about the alleged rape of Brittany Higgins in Parliament House …
Redeployments: a legal refresher
As JobKeeper comes to an end next month, redundancies could be on the table for some organisations …
In limited circumstances, an employer can require an employee to get a COVID-19 vaccination: Here’s who is in the minority
Whether or not employers have the ability to lawfully require employees to receive a coronavirus vaccination has been a hotly debated topic …
Can secret recordings be used as evidence in workplace disputes?
HRM asked a legal expert what employees can and can’t do with secret recording during workplace disputes …
Age Discrimination | Your rights at work
Learn what age discrimination is and how you can mitigate it in the workplace or recruitment process from Andrew Jewell …
COVID-19 vaccine: NSW Premier suggests venues could bar entry to those who refuse jab
The NSW Premier said the state is considering a radical plan to allow venues like bars and restaurants to refuse entry to people who have not been vaccinated against COVID-19 …
What you need to know about probationary periods
With the job market starting to open up again, lots of candidates are on the move and starting new roles …
A COVID-19 vaccine is coming: how mandatory could it be?
“As mandatory as you can possibly make it.” That was how Australian Prime Minister Scott Morrison described …
Will the government’s new casual loading offset provisions prevent double-dipping?
Over the last six months, the federal government has been openly critical of the decisions of the Federal Court of Australia …
Unpacking the Fair Work Act’s new casual conversion “right”
Earlier this week, the federal government unveiled the much-anticipated Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 in parliament …
The new definition of the “casual employee”: The details, the flaws and the likely outcome
On December 9, 2020, the federal government introduced the long-awaited Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 …
Top five legal mistakes for recruiters to avoid
As an employment lawyer working predominantly for employees, I’ve seen the best and worst of recruitment practices around Australia …
Casual worker rights: What IR reforms mean for employers
Casual worker rights will be one of the biggest shake-ups under the coalition government’s hotly anticipated IR reforms bill …
Is it legal to direct employees to be vaccinated against COVID-19?
Earlier this week, Qantas CEO Alan Joyce announced the airline would require international passengers to prove they had been vaccinated for COVID-19 …
Isn’t it about time we give every employee the right to work from home?
Last week, Christian Porter urged employers across Australia to bring their employees back to the office as quickly as possible …
‘Workplace relationships are back on the agenda’
In the new normal, employers must ensure their fundamental WHS obligations are in line with evolving workplace environments and employee interactions …
Is it legal to advertise positions for JobMaker-eligible candidates only?
The ABS reported on October 15, 2020, that the youth unemployment rate increased by 0.4 points to 14.5% in the month of September 2020 …
The illegal interview questions employers can’t ask you
Before you head to an interview, it’s important to be aware of the questions that recruiters and employers shouldn’t be asking you …
New employment law firm launches
In the face of changing employment and workplace challenges, two former McDonald Murholme lawyers have started their own firm …
The myth of the three warnings: What’s required in a dismissal process?
The ‘three warnings’ rule is one of the most common misconceptions in employment law. It simply does not exist…
Post-employment obligations in the legal industry
Legal employers and employees must ensure they are fully on top of the varying obligations placed upon them in a marketplace after COVID-19…
WFH: Employment obligations in the ‘new normal’
Employers will have to be especially prudent about ensuring they uphold their workplace, health and safety obligations post-pandemic …
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