The essential guide to redundancy

By Calum Woods and Lindsay Carroll, NRA Legal In the current economic climate, it is critical for businesses to constantly...

By Calum Woods and Lindsay Carroll, NRA Legal In the current economic climate, it is critical for businesses to constantly identify opportunities to improve efficiency and reduce expenditure. While the prospect of redundancies is certainly not pleasant, they are often times unavoidable. Alongside the factors that necessitate a redundancy in the...

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If an employee gets high can we say goodbye? Not necessarily, says the FWC

By Andrew Piper and Alex Millman, NRA Legal Employers often spruik their ‘zero tolerance’ drug and alcohol policies when trumpeting...

By Andrew Piper and Alex Millman, NRA Legal Employers often spruik their ‘zero tolerance’ drug and alcohol policies when trumpeting their safety and workplace processes and cultures. However, the Fair Work Commission has also been promoting a ‘zero tolerance’ approach of its own towards unfair dismissals. In a recent decision by...

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Have we got that on tape? The risks of covert workplace investigations

By Calum Woods and Lindsay Carroll, NRA Legal Since before the introduction of the Fair Work Act it has taken...

By Calum Woods and Lindsay Carroll, NRA Legal Since before the introduction of the Fair Work Act it has taken more than just a valid reason to dismiss an employee. From providing an opportunity to respond, to not refusing a request for a support person – these additional ‘procedural fairness’ steps...

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Start the clock on dismissal claims

By Zoe Brodie and Calum Woods, NRA Legal Whether it’s a quarrelsome employee, a serial underperformer, or a casualty of...

By Zoe Brodie and Calum Woods, NRA Legal Whether it’s a quarrelsome employee, a serial underperformer, or a casualty of automation, the stress of dismissing an employee doesn’t end on their last day of employment. It’s not until 3 weeks (or 21 days) later, when the time limit to file a...

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Defective workplace investigations

Fair Work Commission losing patience over defective workplace investigations By Lucy Harper and Calum Woods, NRA Legal Please note, this decision...

Fair Work Commission losing patience over defective workplace investigations By Lucy Harper and Calum Woods, NRA Legal Please note, this decision was quashed by the Full Bench of the Commission on 11 November 2019. The Full Bench found that the Commissioner did not take into account Ms Murphy’s history of domestic...

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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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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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Tribunal finds employer liable for unknowing discrimination

By Zoe Brodie and Alex Millman, NRA Legal A recent finding of the Victorian Civil and Administrative Tribunal highlights how...

By Zoe Brodie and Alex Millman, NRA Legal A recent finding of the Victorian Civil and Administrative Tribunal highlights how employers can be liable, even unwittingly, for discriminating against their employees. The Facts Mr Ferris was employed by the Department of Justice and Regulation at Langi Kal prison in Victoria. Unknown to...

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Still not measuring up: sexual harassment survey paints grim picture of Australia workplaces

By Alex Millman and Victoria Hansen, NRA Legal In June this year, Sex Discrimination Commissioner Kate Jenkins launched a dedicated...

By Alex Millman and Victoria Hansen, NRA Legal In June this year, Sex Discrimination Commissioner Kate Jenkins launched a dedicated national inquiry into sexual harassment in the workplace, conducted by the Australian Human Rights Commission (AHRC). This Inquiry coincides with the AHRC’s Fourth National Survey into Workplace Sexual Harassment, which has...

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The fruits of forethought: good planning gives employers victory in Fair Work Commission

By Alex Millman and Lindsay Carroll, NRA Legal All too often, tales from the Fair Work Commission reveal the woes...

By Alex Millman and Lindsay Carroll, NRA Legal All too often, tales from the Fair Work Commission reveal the woes of what happens when employers are too trigger-happy in sacking their employees. When employers lose unfair dismissal claims, it is usually because they have jumped the gun and dismissed the employee...

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NRA leading proactive responses to wage compliance in the retail and fast food industries

As the approaching Christmas season brings 2018 inexorably to a close, the NRA’s Legal Practice Director and Deputy CEO,...

As the approaching Christmas season brings 2018 inexorably to a close, the NRA’s Legal Practice Director and Deputy CEO, Lindsay Carroll reflects on a year that has been a challenging time for retailers and business in general. Never before has compliance with industrial laws been so far at the...

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Top tips for engaging casual employees over Christmas

Written by Sooraj Sidhu and Lindsay Carroll, NRA Legal According to recent analysis by global job search platform Indeed, 67%...

Written by Sooraj Sidhu and Lindsay Carroll, NRA Legal According to recent analysis by global job search platform Indeed, 67% of Christmas job opportunities in Australia are created in the retail sector to help serve the Christmas shopping frenzy. Last year, Australians spent in excess of $26 billion during the month...

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