When Can An Employer Be Liable for the Sexual Harassment Its Employees Commit?
Workplace sexual harassment is a topic which has begun to get its due attention. This article discusses the circumstances where an employer can be liable for the [...]
Are your practitioners at risk of being employees?
Medical practices can engage practitioners under a variety of contracting arrangements. In our experience, many practices are not clear regarding the type of contracting arrangement under which [...]
Job Interviews: Can I ask that?
Introduction The topic of what questions can and can’t be ‘legally’ asked in a job interview is a topic commonly discussed in the media. We felt this [...]
Workplace Law: Top Tips For 2018
We have taken a look at the major changes to workplace law that occurred last year [...]
Maximum-Term Contract Employees and Unfair Dismissal
Two weeks ago the Full Bench of the Fair Work Commission (‘Full Bench’) handed down Khayam v Navitas [...]
Franchisor Liability: Changes to Fair Work Act
It is now easier for the Fair Work Ombudsman or employees to successfully sue franchisors and holding [...]
Changes to the Fair Work Act – Serious Contraventions & Renewed Importance of Record Keeping
The Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 (“the Amendment Act”) commenced on 15 September 2017. [...]
Dismissing an Employee for Incapacity to Perform the Inherent Requirements of their Position
Dismissing an employee because they are incapable of performing their job due to illness or injury is [...]
Victorian Supreme Court of Appeal finds post-employment restraints unenforceable in repudiated employment contract
“A restraint clause is not enforceable against an employee whose employment ends by the employer’s wrongful [...]
Does it Pass the Sniff Test? Enforcing Post-Employment Restraints
Businesses of today exist in a very competitive environment. Competition can be fierce, and the fight to retain one’s existing clients is crucial for business survival. It [...]
Don’t Poach my Clients: Practical Tips
Employers can take several practical steps to reduce the risk of ex-employees from poaching clients. Below are our top tips. Use Well-Drafted Restraints It probably goes without [...]
Enterprise Agreement negotiations: What can you learn from the union?
Given the Australian rules football season is well upon us, I thought it fitting to start this article with a football metaphor. When I was 13 years [...]