Hop to it: Ensuring your business is ready for April public holidays

By Lucy Coogan and Zoe Brodie, NRA Legal The nature of retail means that public holiday requirements can be quite...

By Lucy Coogan and Zoe Brodie, NRA Legal The nature of retail means that public holiday requirements can be quite complex. This year, a late Easter means up to five public holidays will fall in the space of a week, raising questions as to employee entitlements, attendance, and trading hours during...

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Understanding the difference between unfair dismissal claims and general protections claims

By Calum Woods and Lindsay Carroll, NRA Legal Late last year, the media introduced us to Angela Williamson, an employee...

By Calum Woods and Lindsay Carroll, NRA Legal Late last year, the media introduced us to Angela Williamson, an employee of Cricket Australia allegedly sacked after she posted on Twitter criticising the Tasmanian Government’s policy on abortion laws. Ms Williamson subsequently filed an application with the Fair Work Commission, arguing that...

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Tenth anniversary of the Fair Work Act – Part 1: A change to the union landscape

By Alex Millman and Lindsay Carroll, NRA Legal With the Fair Work Act 2009 (Cth) (the FW Act) nearing its...

By Alex Millman and Lindsay Carroll, NRA Legal With the Fair Work Act 2009 (Cth) (the FW Act) nearing its tenth anniversary in April, now is an apt time to reflect on how the landscape of industrial law has changed both because of the Act, and because of changes to...

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Break-ception: when a pre-shift smoko on-site is a ‘temporary absence’ from work

By Alex Millman and Victoria Hansen, NRA Legal Workers’ compensation legislation can be complicated and confusing, even to experts, and...

By Alex Millman and Victoria Hansen, NRA Legal Workers’ compensation legislation can be complicated and confusing, even to experts, and the recent Queensland case of Mandep Sarkaria v Workers’ Compensation Regulator ICQ 001 aptly demonstrates just how technically bewildering this legislation can be. In this case, the Industrial Court of...

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How to conduct better product recalls

Product recall situations can happen to any business. It’s too late to know whether your trading partners are prepared...

Product recall situations can happen to any business. It’s too late to know whether your trading partners are prepared to act once a product needs to be removed from the marketplace. You need to understand what your partners need and what you need from them. Consumers expect faulty products to...

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Jail sentence and record fine against reckless employer sets benchmark for WHS prosecutions

Written by Zoe Brodie and Lindsay Carroll. In the first charge of reckless conduct to be successfully tried under...

Written by Zoe Brodie and Lindsay Carroll. In the first charge of reckless conduct to be successfully tried under the harmonised work health and safety legislation, a director of a Queensland roofing company has been sentenced to 12 months imprisonment for his contribution to the fatality of a 62-year-old...

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Making a list and checking it twice: Labor IR policy a mixed bag for employers

By Alex Millman and Lindsay Carroll, NRA Legal The Australian Labor Party’s 48th Annual Conference was held in mid-December 2018,...

By Alex Millman and Lindsay Carroll, NRA Legal The Australian Labor Party’s 48th Annual Conference was held in mid-December 2018, a significant event which determined the key elements of Labor policy heading towards this year’s Federal election. A 225-page national platform was put to, and adopted by, the Labor caucus, although...

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Is the customer always right? Understanding customer misbehaviour and violence in the workplace

Written by Sooraj Sidhu, Workplace Advisor and Lindsay Carroll, Legal Practice Director, NRA Legal. Customer misbehaviour, aggression and violence continues...

Written by Sooraj Sidhu, Workplace Advisor and Lindsay Carroll, Legal Practice Director, NRA Legal. Customer misbehaviour, aggression and violence continues to be a challenge for employers and employees in the retail and fast food industries. Last year, the Shop Distributive and Allied Employees Association (SDA) shed light on this burgeoning issue,...

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Domestic violence victim treated fairly despite sacking

Written by Sooraj Sidhu and Lindsay Carroll A supermarket retailer has successfully defended an unfair dismissal application despite the employee’s...

Written by Sooraj Sidhu and Lindsay Carroll A supermarket retailer has successfully defended an unfair dismissal application despite the employee’s explanation that her deteriorating behaviour and performance was due to difficulties she was encountering in her personal life. In commending the employer for taking “extraordinary lengths” to support the employee, the...

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The long road to compliance in 2019

By Calum Woods and Lindsay Carroll, NRA Legal They say that smooth seas don’t make skilled sailors. Looking ahead to...

By Calum Woods and Lindsay Carroll, NRA Legal They say that smooth seas don’t make skilled sailors. Looking ahead to known and predicted changes in the workplace relations space in 2019, HR and People Management professionals can look forward to another eventful year. While the system can be complex, achieving and...

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Top Five Tips to Get Your Lease in Shape this year

For retailers, January is a great time to assess where things are at after the crazy Christmas and New...

For retailers, January is a great time to assess where things are at after the crazy Christmas and New Year sales period and do some planning for the year ahead. Here’s our list of the top five things you need to do to make sure your retail lease is...

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Court fires warning shots at non-compliant employers

By Alex Millman and Lindsay Carroll, NRA Legal For a long time now – since the Fair Work Ombudsman first...

By Alex Millman and Lindsay Carroll, NRA Legal For a long time now – since the Fair Work Ombudsman first started prosecuting employers under the Fair Work Act 2009 (Cth) – it has generally been understood that accidental or inadvertent non-compliance with employment laws will be punished much less severely...

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Judge not: Commission confirms criminal history is no silver bullet for employers

By Calum Woods and Lindsay Carroll, NRA Legal For many retail businesses, criminal history checks make a lot of sense....

By Calum Woods and Lindsay Carroll, NRA Legal For many retail businesses, criminal history checks make a lot of sense. With responsibilities such as handling cash, dealing with members of the public, and working with young people, retailers are required to place a significant amount of trust and confidence in...

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Mismanagement, misconduct, and misconception – five myths of dismissing employees

By Alex Millman and Lindsay Carroll, NRA Legal The dismissal of an employee is possibly the single most commonly-litigated dispute...

By Alex Millman and Lindsay Carroll, NRA Legal The dismissal of an employee is possibly the single most commonly-litigated dispute between employers and employees. This is hardly surprising, given that dismissal is the most significant action an employer can take with respect to an employee (except, perhaps, hiring them in...

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Elementary, my dear Commissioner: Foodora dismissal case changes nothing

By Alex Millman and Lindsay Carroll, NRA Legal On Friday 16 November 2018, the Fair Work Commission handed down its...

By Alex Millman and Lindsay Carroll, NRA Legal On Friday 16 November 2018, the Fair Work Commission handed down its decision in an unfair dismissal claim against food delivery app service Foodora. The case, brought by former Melbourne Foodora rider Mr Josh Klooger with the assistance of the Transport Workers’ Union,...

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A timely reminder about “block out” periods

By Calum Woods and Lindsay Carroll, NRA Legal If your business relies on a block out period to manage leave...

By Calum Woods and Lindsay Carroll, NRA Legal If your business relies on a block out period to manage leave requests during the busy season (or you’re thinking about implementing one), there are some important things you need to know. The Fair Work Act 2009 requires that in most cases, annual...

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