Rejecting a return-to-work plan may lead to disability discrimination risks, as demonstrated by a recent @VCAT decision where an employer was ordered to pay $45,000 for pain and suffering, along with over $190,000 for lost income and entitlements, reinforcing the growing trend of substantial awards for anti-discrimination law breaches.

As mentioned in our previous post, working remotely has become a hot topic, prompting organisations to carefully navigate requests for flexible arrangements. In a recent decision, the Fair Work Commission (FWC) outlined some factors that may justify denying a working from home (WFH) request.

Sexual harassment remains worldwide an alarming issue, transcending borders, cultures, and industries. Australia is no exception. Shockingly, 1.3 million Australian women experienced sexual harassment during 2021-2022, while one in three Australian workers has faced such behaviour at their workplace in the past five years.

A recent decision by the Fair Work Commission (FWC) highlights the importance of conducting thorough and fair workplace investigations. In Crook v CITIC Pacific Mining Management Pty Ltd, the FWC reinstated an employee who had been dismissed for engaging in inappropriate conduct of a sexual nature towards a new female trainee, following a flawed investigation.

Time is running out to review your organisation’s fixed term contract arrangements before legislative amendments come into effect. Book a one-hour session with one of our senior lawyers to consider whether your organisation needs to take any further measures before 6 December.

Working remotely is a hot issue with some employers wanting staff to return to the office. What do employers need to consider?

A recent Fair Work Commission decision reinforces that employers must take care with their investigations of misconduct, and determine whether a work practice has been condoned by management before sacking staff. In this case, the Commission reinstated three employees who had been summarily dismissed due to a policy breach.

Employers may think that an employee’s injury sustained outside of work has nothing to do with them. However, a recent decision re-affirms the obligations on employers under the Disability Discrimination Act 1992 (Cth) (DDA) to provide reasonable adjustments for an employee, even where an injury was sustained outside of work.

From 6 December 2023, the use of fixed term contracts will be significantly limited. This change is part of the Secure Jobs, Better Pay amendments to the Fair Work Act 2009 (Cth). Read our latest blog on how this may affect you as an employer.

Flexible working arrangements will become part of the Australian workplace norm from 6 June 2023. This is when the flexible work provisions of the Fair Work Act 2009 are set to change. Read here for more on how this can impact you as an employer!

It’s official! We can drive! And just watch where we head to next…

In Australian Nursing and Midwifery Federation v Jeta Gardens (QLD) Pty Ltd, the Commission found that an employer was liable to pay staff for on-site RAT testing 15 minutes before each shift. Being in an aged-care, high-risk scenario, the decision is specific to its facts. However, it provides useful insight about how the FWC is handling these scenarios.

Recent cases in the United States show the Equal Employment Opportunity Commission (EEOC) recovering significant compensation from various corporations for victims of discrimination and victimisation (referred to as retaliation in the US). Compensation was payable for violations of Title VII of the US Civil Rights Act 1964.

The upcoming amendments to the Fair Work Act 2009 change the current five days of unpaid leave for family and domestic violence (FDV) to a paid entitlement of ten days’ leave. This will be an entitlement arising under the National Employment Standards (NES). 

Part of a Councillor’s role is to engage in robust debate on the issues of the day and advocate on matters in the interests of their communities. Unfortunately, at some Councils the poor conduct of individual Councillors is getting in the way of Council business. As leaders in their community Local Government Councillors need to foster a culture where they can be effective decision makers. Read about how the internal arbitration process in the Local Government Act 2020 works to address workplace culture issues and how some Councillors are taking the lead to get things done.

The mandat ... Read more

Emily Howie, General Counsel and Director of Dispute Resolution at the Victorian Equal Opportunity and Human Rights Commission (VEOHRC) recently spoke to members of the Justitia community about the VEOHRC’s investigation into the adequacy of Bakers Delight Holdings’ (Bakers Delight) framework for preventing and eliminating sexual harassment in the workplace.