Written by Alex Millman Members will recall from previous news alerts that there are several pieces of legislation amending the...
Written by Alex Millman Members will recall from previous news alerts that there are several pieces of legislation amending the Fair Work Act currently waiting for the attention of the Senate before they can become law. Foremost among these is the Fair Work Amendment (Protecting Vulnerable Workers) Bill 2017, which aims...
By Alexander Millman and Angela Szczepanski, NRA Legal Ms Shahin Tavassoli v Bupa Aged Care Mosman A recent case reminds employers...
By Alexander Millman and Angela Szczepanski, NRA Legal Ms Shahin Tavassoli v Bupa Aged Care Mosman A recent case reminds employers that care must be taken when relying on evidence obtained from workplace surveillance to dismiss an employee, and the need to afford employees procedural fairness even when it appears to...
by Alex Millman and Troy Wild, NRA Legal Gregory Peck as Atticus Finch in the 1962...
by Alex Millman and Troy Wild, NRA Legal Gregory Peck as Atticus Finch in the 1962 classic, To Kill a Mockingbird (Universal Pictures) As a business, there is a great temptation that when faced with litigation to stick with what you know. Doubtless you will have engaged...
By Alex Millman and Troy Wild, NRA Legal Since the Fair Work Act appeared on the scene in 2009, the...
By Alex Millman and Troy Wild, NRA Legal Since the Fair Work Act appeared on the scene in 2009, the legal environment around employment law has shifted dramatically. Any person can be represented before the Fair Work Commission by a person acting as a ‘paid agent’. Whilst this is nothing new,...
by Alex Millman and Troy Wild, NRA Legal Sometimes, ignorance of the law is the only excuse an employer can...
by Alex Millman and Troy Wild, NRA Legal Sometimes, ignorance of the law is the only excuse an employer can provide in their defence. Unfortunately, as we all know, ignorance is no defence. In recent years we have seen increasing exasperation from the courts when an employer contravenes an Award by...
by Angela Szczepanski and Troy Wild, NRA Legal The ACT Supreme Court has ordered Coles to pay a former staff...
by Angela Szczepanski and Troy Wild, NRA Legal The ACT Supreme Court has ordered Coles to pay a former staff member over $1 million after she fell from a safety step she says she wasn’t trained to use. Source: https://en.wikipedia.org/wiki/Coles_Supermarkets Nicole Harris suffered injuries to her right hip,...
By Lucy Harper and Troy Wild, NRA Legal In February this year the Turnbull Government quietly issued the Fair Work Amendment...
By Lucy Harper and Troy Wild, NRA Legal In February this year the Turnbull Government quietly issued the Fair Work Amendment (Notice of Employee Representational Rights) Regulations 2017 (‘Regulation’), which was an amendment aimed at removing a technical barrier to approval of enterprise agreements. When negotiating a new enterprise agreement, an employer must...
by Sid Sidhu and Troy Wild, NRA Legal Full Court affirms employer’s right to compel medical assessment Grant v BHP Coal...
by Sid Sidhu and Troy Wild, NRA Legal Full Court affirms employer’s right to compel medical assessment Grant v BHP Coal Pty Ltd FCAFC 42 (10 March 2017) The Full Federal Court has confirmed that employers have the right to dismiss an employee should they refuse to attend a medical appointment...
MEDIA RELEASE March 1, 2017 Retailers fearful legislation introduced today could spell the end for struggling SMEs The National Retail Association (NRA)...
MEDIA RELEASE March 1, 2017 Retailers fearful legislation introduced today could spell the end for struggling SMEs The National Retail Association (NRA) has today expressed serious concerns about new provisions in the Vulnerable Workers Bill being introduced to Parliament today, making franchisors responsible for underpayment of labour within their franchisee network, and...
by Meaghan Spencer and Troy Wild, NRA Legal Staples Australia Pty Ltd has come under fire after Fair Work Commissioner...
by Meaghan Spencer and Troy Wild, NRA Legal Staples Australia Pty Ltd has come under fire after Fair Work Commissioner Ian Cambridge determined that the company had an “unduly hasty and largely tokenistic” approach to meeting its redundancy obligations. In July last year, Staples tried to address a one million dollar...
by Ben Desir, Workplace Advisor, NRA Legal An electrician has been brought before a Melbourne Magistrate to face charges under...
by Ben Desir, Workplace Advisor, NRA Legal An electrician has been brought before a Melbourne Magistrate to face charges under Victoria’s strict workplace bullying laws. In Victoria, persons who engage in bullying behaviour can be prosecuted under the Crimes Act 1958 (Crimes Act). The Crimes Act was amended in 2011 to...
Whether you’re just starting out, or experiencing changes in your workforce, the new year is a great time to check...
Whether you’re just starting out, or experiencing changes in your workforce, the new year is a great time to check if your employment contracts are not only compliant, but effective for your business. Effective employment contracts should: protect your business meet your employer obligations clearly define employment terms and conditions, and ...
The Fair Work Ombudsman (FWO) is currently running campaigns in multiple regions across Australia to assess compliance and help...
The Fair Work Ombudsman (FWO) is currently running campaigns in multiple regions across Australia to assess compliance and help employers and employees understand their legal rights and obligations. According to the FWO, the campaigns include compliance and education activities, such as providing a range of tools, resources and assistance to...
The Fair Work Ombudsman (FWO) has secured a stay on an $800,000 costs order imposed by a judge who...
The Fair Work Ombudsman (FWO) has secured a stay on an $800,000 costs order imposed by a judge who found in June that it had not acted in the best interests of workers when it pursued directors of the employer under the Fair Work Act’s accessorial liability provisions for...
Christmas & Australian Consumer Law Obligations As consumers start their Christmas shopping early, the National Retail Association are reminding retail...
Christmas & Australian Consumer Law Obligations As consumers start their Christmas shopping early, the National Retail Association are reminding retail businesses to revise and align their exchange, return and refund policies to meet the Australian Competition and Consumer Commission standards. The ACCC Commissioner, Sarah Court, reported that many clothing retailers have...
The Fair Work Ombudsman has warned employers and those in management positions to be careful of their actions when...
The Fair Work Ombudsman has warned employers and those in management positions to be careful of their actions when it comes to workplace liability. Accessorial liability provisions contained in the Fair Work Act now make it possible that with body corporate employers, proceedings may be brought not only against...