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 and the challenges these changes create for employers. Below we [...]
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 English Pty Ltd [2017] FWCFB 5162. The decision considered the circumstances [...]
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 [...]
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 [...]
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 [...]
Common Mistakes Employers make with their Policies
Well intended employment policies can leave employers legally unstuck. Here are the top mistakes I see employers make with their policies. 1. Trying to help line managers [...]
Redundancy: Do I need to create jobs for redundant employees by sacking contractors or labour hire workers?
The cases do not give a clear answer. However, they do suggest the business rationale for using contractors or labour hire is very important to defending [...]