whistleblower protection

Whistleblower Protection Changes – Update Your Policy Now

Posted by | Articles, Performance Management & Misconduct Investigations | No Comments

By Renae Harg, Senior Associate

Australia amends whistleblower protection laws

New laws providing greater protection for whistleblowers were passed through federal parliament and take effect on 1 July 2019. The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) (Whistleblower Act) was introduced to provide for a single, strengthened whistleblower regime to cover the corporate, financial and credit sectors. Read More

employee confidentiality agreement

Breach of Confidentiality: What You Need to Know

Posted by | Articles, polices and procedures | No Comments

by Renae Harg, Senior Associate and Lauren Wright, Law Graduate

Employment Law: Breach of Confidentiality – what you need to know ­

Increases in technology have made it easier for employees to transmit their employer’s confidential information. Confidential information such as client lists, supplier information, pricing and financial arrangements, employee arrangements and business strategies can be invaluable to a business. Read More

Overtime and Reasonable Additional Hours

Overtime and Reasonable Additional Hours in Australia

Posted by | additional hours, HR Advice & Support, modern award | No Comments

By Joanna Knoth, Senior Associate and Gemma Little, Lawyer

An employee is not be entitled to be paid for any “reasonable additional hours” they work. However, an employee may be entitled to be paid overtime, penalty rates or other allowances for time worked outside of or in addition to their ordinary hours of work if they are covered by an award or enterprise agreement.

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Indemnity clause

Careful Case Preparation May Help Avoid Indemnity Costs

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By Renae Harg, Senior Associate and Madeleine Brown, Associate.

Indemnity costs awarded for rejection of offer

Two teachers have been ordered to pay their former employer’s costs on an indemnity basis after they unreasonably refused a $10,000 settlement offer. Mr Carr and Mr Pathik commenced proceedings in the Federal Circuit Court alleging that their former employer, ILSC (Brisbane) Pty Ltd, had underpaid them, breached the modern award that covered their employment and breached their general protections by reducing their weekly hours after they made a complaint in relation to their employment.

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Vulnerable Workers Act

Fair Work Breaches Prompt Changes for Holding Companies

Posted by | Articles, complaince | No Comments

By Renae Harg, Senior Associate and Gemma Little, Associate

Exploitation of vulnerable workers by your franchisee or subsidiary could see you liable

As any entrepreneur knows, there are legal requirements and responsibilities that are part of running your own business. But did you know that as a franchisor or holding company you have additional responsibilities for ensuring compliance with the Fair Work Act 2009 (Cth) (FW Act), and that you could be liable for your subsidiaries’ or franchisees’ breaches of the FW Act? Read More

Smoking in the workplace

Save Your Health and Your Business With a Smoking in the Workplace Policy

Posted by | Occupational Safety and Health, polices and procedures | No Comments

By Senior Associate, Renae Harg and Law Clerk, Miette Xamon

Smoking in the workplace can damage more than your health

Smoking is becoming progressively less common in Australia and has decreased by 36% since 2001. However, 2.5 million Australians (or 1 in 7 aged 15 and over) still smoke daily. While smoking is slowly being suppressed, it is still a significant occurrence in many workplaces and can raise certain challenges for employers. Do employers have to accommodate smokers? Or are employers allowed to implement strict no-smoking policies? Read More

Class action settlements 101 for employers

Posted by | Articles | No Comments

Class action lawsuit. It’s a term you’ve heard enough on the news and one that you never want to be at the receiving end of as an employer. An employee class action lawsuit, sometimes called a class action settlement, is a legal proceeding allowing the claims of many individuals against the same defendant or defendants (generally an employer), arising out of the same, similar or related circumstances, to be conducted by a single representative or representatives.

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how long do employers need to keep employee records

Record Keeping Requirements for Employers: What You Need to Know

Posted by | complaince, HR Advice & Support, Terminations, Unfair Dismissals & Adverse Action | No Comments

By Gemma Little, Associate

Keeping employment records is your responsibility as an employer

Everyone knows that employers must keep employee records, right? Apparently not. Some employers have been caught out because they have either not kept adequate employee records, or not kept employee records at all. Read More

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