Employment & Workplace

Practice area

Employment & Workplace

Articles, case notes and commentary from the Mullane & Lindsay team.

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Your Guide to Family and Domestic Violence Leave

The Fair Work Commission (“FWC”) has recently recognised the impact of family and domestic violence (“FDV”) on employees and employers in the work place. The FWC noted in its Four…
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Can an employer discriminate based on criminal record?

A recent case in the Australian Human Rights Commission (“AHRC”), BE v Suncorp Group Ltd [2018] AusHRC 121, has looked at the issue of discrimination against a prospective employee due to their criminal record.…
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A Shift in Calculating Personal/Carer’s Leave

The Fair Work Commission (“FWC”) recently handed down its decision in AWU v AstraZeneca Pty Ltd [2018] FWC 4660. The case is being described as a landmark decision on personal/carer’s leave for shift workers.…
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Communicating Dismissals to your employees

It is no surprise that emails, text messages and other communication apps are prevalent in most workplaces. Recent decisions of the Fair Work Commission have found that when it comes…
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Your update on flexible working arrangements

From 1 December 2018, changes to modern awards requires employers to genuinely try to reach an agreement with employees in relation to flexible working arrangements. In accordance with section 65…
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Out of Hours Conduct and Dismissals

The Fair Work Commission (“FWC”) recently handed down the decision of Rodney Fussell v Sydney Trains [2019] FWC 1182 which looks at when out of work conduct will constitute a valid reason for…
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The Australian Privacy Principles at Work

In a recent case, Lee v Superior Wood Pty Ltd [2019] FWCFB 2946, the Full Bench of the Fair Work Commission (“FWC”) held that an employee was unfairly dismissed for refusing…
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Terminating Contracts for Non-Essential Breaches

In a recent article I discussed the case of Barrak Corporation Pty Ltd v Jaswil Properties Pty Ltd, a case in which there was some discussion about the difference between ‘essential’…
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The Fair Work Commission proposes unpaid pandemic leave

On 1 April 2020, the Fair Work Commission (“the FWC”), acting on its own initiative, issued a statement outlining its intention to update 103 Modern Awards.The proposed updates would provide:…
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New Rules for Annual Wage Arrangements

With so much focus on COVID-19 in recent weeks, it’s important to make sure that that you keep up to date with other development taking place in the employment law…
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Standing Down Employees - What Employers Need to Know

As we are all aware, the COVID-19 pandemic has caused significant disruption to many businesses and employees. With many businesses being forced to close, employers are having to make difficult…
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“Is it too late now to say sorry…”

The Fair Work Commission has recently highlighted the importance of employers providing employees with both a valid reason for dismissal; and procedural fairness throughout the dismissal process. In Stephen Quigley v…
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Companies in cyberspace

If you are running a company, there is a need to hold an AGM. Due to lockdown restrictions/social distancing measures under COVID-19 sometimes face to face meetings are not possible.…
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Lawful and reasonable directions during the COVID-19 pandemic

The Fair Work Commission has recently handed down the decision of Kieran Knight v One Key Resources (Mining) Pty Ltd upholding the dismissal of an employee for refusing to provide information relating…
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The importance of written employment contracts

A question I am often asked by employers is whether it is necessary to enter into written employment contracts with their employees. In Australia, there is no legal obligation on…
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The COVID-19 vaccine and your workplace

In 2020, employers were faced with a number of challenging situations arising from the COVID-19 pandemic, from navigating the stand down provisions of the Fair Work Act 2009, then the JobKeeper…

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