News
Misleading and Deceptive Conduct in the Workplace
Conduct which is misleading and deceptive can seriously undermine the trust between employers and employees. In this article, we consider the law around misleading and deceptive conduct in the workplace and shed light on how both employees and employers can respond to...
When is a resignation really a dismissal?
The termination of employment is sometimes viewed as a straightforward process, typically initiated by an employee's resignation or an employer's decision to dismiss an employee. However, the concept of ‘constructive dismissal’ introduces a layer of complexity to such...
Sexual Harassment – Obligations for Employers to Prevent Unlawful Conduct
Sexual harassment remains a pervasive issue in workplaces worldwide, affecting the health and safety of individuals and hindering professional development. The Australian Human Rights Commission (AHRC) revealed in the Respect@Work Report that as many as one in three...
Australian workers and the right to disconnect – information for employers
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 (in force as of 26 February 2024) introduces substantial changes to Australian workplaces. The ‘right to disconnect’ is one such change attracting considerable attention. The legislation inserts...
Closing the Loopholes Act – What Employers Need to Know About Phase One Reforms
In response to evolving workplace dynamics, the Australian government introduced the Closing the Loopholes Act. This legislation, which has been delivered in two phases, aims to address gaps in existing legislation and enhance protections for workers. Both phases of...
Closing the Loopholes Act – An Overview of Phase Two Reforms
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Bill 2023 received Royal Assent on 26 February 2024. This legislation introduces changes to the Fair Work Act that are significant to all employers. The most significant changes relate to the way the law...
Surveillance in the Australian Workplace – is it legal?
In the modern era of advanced technology, the issue of employee surveillance and privacy in the workplace has become increasingly relevant. Workplace surveillance can take various forms, including video surveillance, computer monitoring, telephone monitoring, email...
Dismissing an Employee – Key Steps and Processes
Terminating an employee in Australia can have significant legal and financial implications for an employer. However, employers can mitigate risk by understanding and complying with their legal obligations and approaching employee terminations in a fair way. This...
Promoting Gender Equality in the Workplace
Promoting gender equality in the workplace is not only a legal obligation but forms a key part of creating a fair, inclusive, and successful organisation. By understanding the concept of gender equality, complying with relevant legislation, and implementing effective...
Vicarious liability – when is an employer responsible for the actions of its employees?
Vicarious liability occurs when an employer becomes liable for negligent acts or omissions by their employee ‘in the course of employment’, regardless of whether the employer gave permission for the employee’s actions. Employers must ensure their employees always act...