Is Sexual Harassment Widespread And Pervasive?

Despite the efforts of the #MeToo movement and the increasing global awareness of sexual harassment in the workplace, it continues to be prevalent and damaging in Australian workplaces. According to the Commissioner Kate Jenkins, only 17% of people who experience...
Is Casual Employment Really That Casual?

Is Casual Employment Really That Casual?

Last Thursday’s decision by the Full Federal Court may change the idea of ‘casual employment’ for the future, causing upheavals on the employment law scene. Rarely has a court decision incited such comments from employer groups and other sources as...
Are Restraints of Trade Really Enforceable?

Are Restraints of Trade Really Enforceable?

What are restraints of trade? Restraints of trade are often incorporated in employment contracts to protect the employer in various ways. The most common types of employment restraints include: Non –disclosure clauses which protects the confidential information of an...
Small Business Owners As Employees

Small Business Owners As Employees

When entrepreneurs set up small businesses, they often do not think of themselves, the business owners, as employees. They make payment and leave arrangements that work for them, and don’t pay much attention to their entitlements under the Fair Work Act 2009...
Federal Court Crack Down on Sham Contractors

Federal Court Crack Down on Sham Contractors

The Federal Court confirms that workers will not be seen as contractors unless they “work as entrepreneurs owning and operating a separate business”. How do your contracting arrangements measure up or do you deal with sham contractors? Entrepreneurs or Employees? Most...
Code Of Conduct And An IT Policy Are Important For Business

Code Of Conduct And An IT Policy Are Important For Business

A recent Fair Work Commission decision involving an unfair dismissal application highlighted the importance of a company having a Code of Conduct and an IT policy. Senior Deputy President Hamberger determined that an employer was justified in dismissing a long serving...