Posts by NB Lawyers
Part 1 – Rescinding an offer of employment due to a criminal history is fraught with danger!
Criminal records and criminal history of an employee can be problematic for Employers to deal with. This issue comes up usually at two (2) main times: Providing or in the process of providing an offer of employment then rescinding this offer due to a criminal record or history A criminal history or record is either…
Read MoreHiring Challenges in the Dental Industry – 4 Solutions to consider
The dental industry is constantly battling against its public image, both in attracting patients, and attracting staff. This article looks at the special circumstances faced by the industry in attracting staff, and makes some suggestions for owners and managers of dental practices. The Dental Industry Over a long period of time, all across Australia, the…
Read MoreWhat are Reasonable Additional Hours – Is 50 hours too much?
38 hours a week – with the overwhelming tide of flexibility, wage rises and work from home permeating in the workplace national employment standards make it clear that ordinary hours of work consist of only 38 hours per week. However, in many industries, salaried positions and for non-award covered employees the requirement to work “reasonable…
Read MoreA Way Forward: What can Human Resources expect with a new ALP Government (4 potential changes to get ready for)
With the Australian Labour Party (ALP) winning the recent federal election a change in government will likely see a number of potential changes for Human Resources, Industrial Relations and Employment Law. Our team at NB Lawyers, lawyers for employers, have looked at some of the commentary, proposed policies and general discussion points made by the…
Read MoreWhat if an employee expresses their own personal opinion on mandatory vaccination, domestic violence and homosexuality which goes against the Employer’s values? (5 Key learnings)
Many organisations have particular values and public positions on social issues such as domestic violence, the black lives movement, #metoo campaign, sexuality, racism and vaccinations. You only have to take a quick glance at Facebook or other similar social media platforms to see that many people have very diverse and in some cases strong opinions…
Read MoreCan an Employee insist on Work from Home Arrangements? The Queensland Case which solves the work from home conundrum
The lockdown situations all over Australia created a number of scenarios where employees were able to remain at home and undertake work. Some of these arrangements led to an increase in productivity and for other organisations and industries there has been an eventual decline in productivity. With the question around WFH coming up for Employers…
Read MoreDrunk and Intoxicated Employee – how far does Vicarious Liability go to hold an Employer accountable (5 reasons to be concerned)
Vicarious liability (responsibility of an employer for an employee’s actions) has been a concept many employers grapple with on a far too regular basis. A situation involving a drunken employee urinating on a colleague’s face begged the question of employer responsibility. The ever-changing principles of this concept have employers concerned at every company function, even…
Read MoreWorkplace Relationships and Affairs – Is Power Imbalance enough to terminate? 6 key points Employers need to know
Dr. Scott Morrison (Not to be confused with the Australian Prime Minister) lodged an application for unfair dismissal with the Fair Work Commission (FWC) after his employer, Australian National University (ANU) terminated him from his position as Associate Professor in the Mathematical Sciences Institute. Circumstances of the Termination – the case of Scott Morrison v…
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