Landmark case on breastfeeding discrimination: Tribunal orders $90,000 compensation
The ACT Civil and Administrative Tribunal recently found an employer liable for unlawful discrimination based on breastfeeding, marking a first in Australia.
Court Decision
Legislation Update
Increased penalties for safety net contraventions in amendments to the Fair Work Act
In what has been a busy year for industrial relations reform for national system employers, important changes have been made to the civil enforcement provisions in the Fair Work Act 2009 (Cth).
Legislation Update
Significant changes to the Fair Work Act: Protecting Worker Entitlements
On 30 June 2023 the Fair Work Legislation Amendment (Protecting Worker Entitlements) Act 2023 (Cth) received Royal Assent and was passed into law (PWE Act). The PWE Act makes several key changes to the Fair Work Act 2009 (Cth) (FW Act) and related le
Court Decision
Significant personal injury payout for an adverse action claim
General protection claims (otherwise known as adverse action claims) are increasingly becoming the 'go to' weapon of choice for disgruntled employees looking to challenge a decision of their employer or former employer. In one of the biggest damage
Court Decision
Dismissal of long serving bank manager for sexual harassment was not harsh or unfair
The Fair Work Commission has upheld a recent decision to dismiss a bank manager who sexually harassed a work colleague while intoxicated at an ‘out of hours’ work-related social event, notwithstanding his long period of service of 35 years and pr
Court Decision
Case alert – important decisions relating to employer-mandated COVID-19 vaccination
In this case alert, Partner Andrew Tobin and Special Counsel Damon King discuss the outcome of two recent related decisions by the Fair Work Commission concerning employer-mandated COVID-19 vaccination requirements. Both decisions, involving BHP Coal
Court Decision
Fair Work Commission upholds dismissal of unvaccinated employee
The Fair Work Commission (the Commission) has upheld the dismissal of an unvaccinated employee who failed to comply with a Victorian Government COVID-19 vaccination mandate in Aucamp v Association for Christian Senior Citizens Homes Inc. [2021] FWC
Court Decision
Case update: Fair Work Commission makes fundamental changes to piecework arrangements in the horticultural industry
An historically significant decision handed down on 3 November 2021 by the Full Bench of the Fair Work Commission (Decision) will undoubtedly have implications for the labour practices of primary producers and labour hire providers to the horticultur
Article
No jab, no job: mandating workplace COVID-19 vaccinations in the current legal landscape
Since the beginning of the pandemic, Australia has had over 180,000 total cases of COVID-19 and over 44.5 million tests. As at 7 November 2021, more than 80% of the population aged 16 and over (or over 16 million people) have been fully vaccinated. A
Court Decision
Fair Work Commission to rule on an historically significant application seeking fundamental changes to piece work arrangements in the horticultural industry
An imminent decision1 to be handed down by the Full Bench of the Fair Work Commission will likely have major implications for primary producers and labour hire providers to the horticulture industry, which is already under real strain due to chronic
Article
No jab, no job? What employers might consider before mandating COVID-19 vaccinations in workplaces
The COVID-19 vaccination legal landscape has developed since this article was published. Key takeaways Employers can mandate that employees are required to undergo flu vaccinations in certain industries. The same principles may apply to the C
Court Decision
Former employer successfully enforces non-compete restraint obligations
Employers are often concerned that a former employee is in possession of confidential information, such as customer lists, pricing information, marketing plans and other trade secrets, which might be used to unfairly compete with them. Similarly,