What are restraint of trade clauses? Restraint of trade clauses are often included in contracts of employment as a way for employers to protect their business interests by restricting an employee’s freedom to undertake certain activities during or after ending their...
While the Fair Work Ombudsman may appear to some employers mostly as an agent designed to enforce Fair Work legislation, they also serve a very helpful purpose by providing advice and education to businesses and employers in general. Points to bear in mind If you are...
Australian employment law differentiates between poor performance and poor conduct. Poor performance is a failure to complete work, tasks or duties to the required standard. Poor conduct is misconduct in the workplace such as consistently being late to work, acting...
Constructive dismissals occur when an employer acts in a way that is so "harmful, adverse or unfriendly" to the point of damaging the employer/employee relationship beyond repair and the employee is left with no other reasonable option but to resign. A complicated...
Claims of unfair dismissal arise in many different circumstances, but all are costly and inconvenient. Catch the potential trouble before it starts. Here are some recent unfair dismissal cases and the procedures that could have avoided them. Case #1 Not Having...
Bullying and harassment in the workplace will always be with us. For example, in a recent report, London researcher Cecilia Harvey drew attention to the “Queen bee syndrome”, which occurs where women “use their social intelligence to manipulate relationships or damage...
Recent cases of restaurant underpayments have drawn significant media attention. One such case is the alleged denial of employee wages by high-end restaurant chain Rockpool. The restaurant has been accused of tampering with pay and time-sheet software to make...
Whistleblower protections in the corporate sector have been bolstered by amendments designed to encourage the disclosure of corruption, fraud, tax evasion, and misconduct. Most notably for industrial relations practitioners, the amendments introduced mandatory...
It's good practice to keep your workplace policies and procedures up to date, as legal requirements and your business change over time. Questions to consider: 1. When was the policy or procedure last reviewed and when is the next review date scheduled? The review may...
Given the shocking prevalence of sexual harassment in the workplace, it is essential that employers are aware of how to manage sexual harassment claims. In 2022 a national survey on sexual harassment found that 41% of women and 26% of men in the Australian workforce...
The Human Rights Commission has conducted the world's first enquiry into sexual harassment in the workplace and the adequacy of the existing legal framework, including a review of complaints made to state and territory anti-discrimination agencies. Sex Discrimination...
Instituting return to work arrangements It is a requirement that each employer creates a return to work program within 12 months of becoming an employer. This program must be redeveloped every two years in consultation with employees and any relevant unions. The...
A landmark Federal Court decision brought forward by the Australian Manufacturing Worker’s Union saw increased employee rights regarding personal leave, including sick leave back pay. The decision greatly affected both employers and employees and has paved the way for...
A code of conduct sets out the social, ethical and behavioural norms of an organisation. These policies will often set out the expected tone and culture of a workplace, with guiding principles on appropriate behaviour that can range from how an employee is expected to...
Here is an example of a ruling that makes clear that employees who make personal or anonymous social media posts which conflict with the obligations or values set out in their workplace code of conduct may be dismissed as a result. On the 7th of August the High Court...
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