Employment Law
Employer lawyers 4 tips to deal with a General Protections Claim
A general protections claim is one application an Employer does not want to receive. Ask any employer lawyer, human resources manager or employee relations specialist and when it comes to employment law – a general protections claim are difficult to traverse. In previous articles we have wrote about: When You Get It Wrong, 3 Mistakes…
Read MorePersonal liability of Directors: 4 Underpayment of Wages cases
As directors, business owners and those with key decision making responsibilities the management of staff comes with several difficult issues involving personal liability of directors. Underpayment of wages is one major factor and a number of clients have sought advice from NB Lawyers – lawyers for employers on undertaking an audit of the wages paid…
Read MoreWill 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…
Read MoreUpward Bullying – the Rise of the Remote Working “Bully” 5 tips all Employers need to know
The pandemic has led to a number of changes in the workplace – words such as workplace flexibility, working from home, remote working, Zoom, Teams, virtual meeting are now common lexicon of the modern workplace. A number of clients recently have had to deal with Upward Bullying – a trend that has been on the…
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