Archive for the 'Employment Law' Category

Focus: Workplace Relations

Friday, December 16th, 2011

 Allens Arthur Robinson In this issue: we look at work health and safety laws harmonisation; redeployment obligations in a redundancy; employer rights to determine where on-site union meetings are held; and whether asserting a right under an employment contract can ground an adverse action claim. Key issues in OHS harmonisation Reasonable to redeploy to lower [...]

Adverse action: acting to maintain safety = workplace right

Saturday, December 10th, 2011

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Supervisor receives suspended jail sentence for death of junior worker

Friday, November 4th, 2011

Norton Rose Introduction The incident The offence of reckless endangerment The approach of the Court when sentencing Drilling company and managing director convicted and fined A further warning for employers, managers and supervisors The model Work Health and Safety Act includes high penalties for these offences Lessons for business  Reproduced with permission of Norton Rose [...]

Adverse action & common law contracts

Tuesday, November 1st, 2011

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Contracting out restrictions, union entry and union recognition clauses lawful

Thursday, October 20th, 2011

Norton Rose Enterprise Update – Full Bench rules contracting out restrictions, union entry and union recognition clauses lawful in enterprise agreements   Introduction The contracting out clause The entry clause The union recognition clause Key points for employers View all pages   Reproduced with permission of Norton Rose in accordance with their legal notice and [...]

Drug & alcohol testing reasonable in the circumstances

Saturday, October 8th, 2011

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Community based ‘prison term’ imposed for OHS breach by a worker

Tuesday, September 13th, 2011

Norton Rose Authors Barry Sherriff, Luisa Gonzaga Introduction The offence of reckless endangerment A term of imprisonment ordered to be served by intensive community correction A caution for workers and employers Steps an employer should take View all pages Reproduced with permission of Norton Rose in accordance with their legal notice and disclaimers.

Workplace Relations

Saturday, September 10th, 2011

Allens Arthur Robinson In this issue: we look at whether an employer has the right to dismiss an employee for not working on a public holiday; Fair Work Australia’s position on intervening in the bargaining process; social media usage in the workplace; proving bullying in an unfair dismissal case; and going to court to restrain [...]

HCA: s.109 & conflict between State legislation and Federal instruments

Wednesday, September 7th, 2011

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HCA: Barclay’s adverse action – special leave to appeal granted

Friday, September 2nd, 2011

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David Cormack, Barrister