Archive for April 2021
Will directing an employee to take the vaccine be held reasonable? 3 Takeways from the “Goodstart Early learning” case
We have discussed at length in two articles Can Australian Employers Force An Employee To Get Vaccinated? 3 Considerations From An Employment Lawyer and COVID-19 Vaccinations Are Coming – What Now? 5 Questions For Australian Employers To Consider whether an Employer can direct an employee to get the COVID-19 vaccination for workplace purposes. In the…
Read MoreA change in casual Employment Post-COVID-19: 3 Major Changes All Employers Need to Know
Casual Employment has been a flexible and commercial way to utilise a workforce in particular in industries where there is project work or there are natural ebbs and flows. The recent WorkPac cases of Rossato and Skene, the aftershock of COVID-19, a post JobKeeper landscape and high profile political debate from various stakeholders has led…
Read MoreDoes Serious Misconduct still require a Reasonable Opportunity to Respond before Termination of Employment? 2 Prime Ways to Mitigate Risk and Liability
A question asked many times by clients is when a scenario involving serious misconduct is put to us – can we now terminate their (the employee’s) employment? Our response (with some adjustment) is usually – “of course you can – you are the Employer, however the key question really is – what would happen if…
Read MoreSexual Harassment changes coming in the workplace – 4 changes indicated by the Respect@Work report
Scott Morrison and the Federal Government have announced a clear initiative to (in principle) accept a significant amount of the 55 recommendations around sexual harassment. There are some overarching themes with the changes and what has been pushed is a more clear path and more distinctive grounds for employees to file sexual harassment complaints, applications…
Read MoreRedundancy: 3 pitfalls for HR to avoid a (almost) $300K claim – the story of Pizza, Beer and Toyota
The District Court of NSW has made a decision on a case involving a termination of employment mere days before a significant redundancy payment was owed to a long standing employee (20 years). Ultimately the Court found in favour of the employee awarding almost $300,000.00 in damages. The case of Sherry v Toyota Motor Corporation…
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