Employment Law

Modern Slavery Legislation – Employers what do you need to know?

The Modern Slavery Act (2018) came to pass on 1 January 2019 and for companies with a consolidated revenue of more than $100 Million it establishes mandatory reporting criteria.  The first reports are due in February 2020 and information required will include: Their structure, operations and supply chains; Potential modern slavery risks; Actions taken to…

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False Allegations – further trend of “Upward” Bullying

NB Lawyers The Lawyers For Employers

We have been contacted by several clients in recent months wherein executives, directors, business owners and HR managers attempting to performance manage an employee over a medium to long period of time have had false allegations of bullying directed towards them.  Linking such “bullying” action with mental health issues or using it as an angle…

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Whistle Blower Laws Come In 1 July 2019 – Are You Ready?

Does your business have more than 100 employees? OR Is your revenue in excess of $50 Million? OR Do you have gross assets worth more than $25 Million? If so, a potentially dangerous regulation is coming on 1 July 2019.  They are the new Whistle-blower laws. The new Whistle-blower laws are a commonwealth amendment (Treasury…

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A Band-Aid on Workpac v Skene? – Fair Work Amendment Casual Loading Offset

On 18 December 2018 the Federal Government introduced the Fair Work Amendment (Casual Loading Offset) Regulations 2018 (Cth) (Amendment) to vary the Fair Work Regulations 2009 (Cth) (Regulations) in light of the decision in Workpac v Skene, a case we have reviewed previously (Workpac v Skene article). The Amendment clarifies that an employer now has a statutory right to offset…

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Councils Beware of General Protections Claims – “Slow the Process Down”

General Protections claims have become a convenient tool for employees working in local council to avoid or even unnecessarily prolong legitimate performance management issues, action regarding illness and injury and misconduct concerns.  Executives and managers in local council need to be aware of how to protect their organisation against such claims and reduce the risk…

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Foodora Driver was an “Employee” says the Fair Work Commission

The constant issue of not having a clear definition of what is an “independent contractor” in the Fair Work Act 2009 (Act) has reared its ugly face again as a landmark decision against Foodora was handed down.  Commissioner Cambridge found that a Foodora driver should be considered an employee whilst applying the multifactorial test. The…

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