While preparing for workplace investigations, you should be aware that there may be a process to comply with in relation to your type of business. Milam v University of Melbourne - a workplace investigations case study The recent decision in Milam v University of...
Performance management is often carried out when an employee is underperforming or doing their job in an improper manner. Not working to the expected standard, not adhering to workplace policies and disruptive behaviour can all warrant an employee being performance...
New laws tested by the Fair Work Ombudsman mean that good record keeping can help considerably in determining the outcome of underpayment claims. The Protecting Vulnerable Workers’ Act, introduced in 2017, amended the Fair Work Act to increase protections for...
The restraint of trade clause came about because many employers are worried that their employees will leave their business to work for a competitor, or start up a rival business and take their employees, clients and suppliers with them. A restraint clause is only...
Disputes and misconduct in a workplace can be very distressing and present particular challenges. Do you feel you have received an unfair written warning at work? Do you know what your rights are? It is important that you are aware of the complaint and that you are...
Has your working environment become unbearable, the end of your career seems imminent or you simply want to quit your job without notice? Before making any hasty decisions, it is important that you know how to resign. You should review your employment contract to...
Attending a compulsory meeting at work can be both intimidating and challenging. As an employee, you have the right to have a support person or a representative at the meeting with you. Your employer is not obliged to offer you a support person. However, pursuant to s...
In this article we review a recent case in which an employer did not properly terminate an employee who was on extended sick leave. Find our what we can learn from this case, and how we can help you avoid these pitfalls.
Australia is known for strong and protective labour laws which protect Australian workers. Often businesses operating from overseas are unaware of employees’ rights and entitlements in Australia and leave themselves open to underpayment claims, unfair dismissal claims...
Underpayment is unfortunately common in Australia. Many employees are underpaid based on their statutory entitlements. A recent report uncovered how common underpayment is amongst international people living in Australia, especially backpackers and international...
What does termination mean in employment? Termination of employment is where an employer ends their employee’s position or where an employee ends their own employment. Termination can happen for many reasons and in different ways, namely resigning, their job position...
It is the duty of employees to avoid underpayment of wages issues by ensuring that their employees are being paid correctly and that good records are kept regarding employees and payment. Employers also have a duty ensure that they are paying employees ALL their...
Often international businesses and employers are not aware of the strict laws for performance management in Australia that protect the workers. This means that international business with Australian offices or Australian staff often get themselves into trouble when...
An employment Deed of Release is a legal expression used to settle disputes or prevent them from arising in the first place. A Deed of Release is often a win/win situation as both parties come to a mutual agreement and grounding of compromise. The term ‘Deed of...
When employers engage with a genuine redundancy, it is important for them to note their obligations. Redundancies are often a sensitive but necessary option for employers to take if the role being filled is no longer required. In an unfair dismissal context, section...
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