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We have a very comfortable virtual couch at Justitia, which is where we have our best discussions. This is what we’re talking about at the moment.

Top 6 issues when handling a sexual harassment complaint

Posted by Apr 1, 2021

Has your employee made a sexual harassment complaint? Here are the top 6 issues you as an employer need to be aware of if you receive a sexual harassment complaint from an employee. 1. Get off to the right start – avoid ignoring or catastrophising There are two common ways an employer can mishandle a […]

Casual Employment: Will the IR Bill get it right?

Posted by Mar 17, 2021

Casual employment has been at the forefront of employment and labour issues for some time. There have been various court decisions in recent years which have caused concern for employers. There is now some uncertainty about the legal status of a casual employee and what financial impact a finding that a casual employee is actually […]

Sexual harassment in local government – takeaways from the recent VAGO report

Posted by Mar 10, 2021

As a consequence of the current public discussion regarding sexual harassment in the workplace, many organisations are reviewing their policies, particularly relating to complaint handling. Those in the local government sector can gain further insight from the recent Victorian Auditor General’s Office (VAGO) report published late last year. The shortcomings identified by VAGO in the […]

Office space – looking to the future

Posted by Mar 2, 2021

@newyorker journalist John Seabrook asks the question whether the pandemic has transformed the office forever. He summarises the existential questions as “What’s an office for? Is it a place for newbies to learn from experienced colleagues? A way for bosses to oversee shirkers? A platform for collaboration? A source of friends and social life? A […]

Confirmed: Employees not entitled to paid personal/carer’s leave during a stand down

Posted by Jan 27, 2021

In March 2020 Qantas lawfully stood down 20,000 of its ground staff due to the coronavirus global pandemic pursuant to the Fair Work Act 2009 (Cth) (Act). Section 524 of the Act provides that an employer can stand down employees from work in certain circumstances including a stoppage of work for which an employer cannot […]

An employer’s guide to 2021

Posted by Jan 27, 2021

Although 2020 has taught us that we can never know what is in store, there are a number of industrial relations and employment law issues that we consider will be front and centre in 2021. While it is unclear how these issues will unfold over the course of the year, employers are encouraged to keep […]

Additional agreed hours and flexible working directions proposed for 12 modern awards

Posted by Jan 25, 2021

Simplified additional hours agreements Currently, under certain modern awards, part-time employees are entitled to overtime rates where they work more than their ordinary hours of work, or if they work outside of their agreed hours or days of work. The Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (IR Bill) proposes to […]

Proposed changes to agreements in new IR Bill

Posted by Jan 12, 2021

On 9 December 2020, Attorney-General and Industrial Relations Minister Christian Porter introduced the Fair Work Amendment (Supporting Australia’s Jobs and Economic Recovery) Bill 2020 (IR Bill) to the Australian Parliament. The IR Bill was drafted following the formation of five IR reform working groups which were made up of employer and industry groups and unions. […]

Investigators should be thorough in testing conflicting evidence

Posted by Nov 19, 2020

A recent decision by the Fair Work Commission (FWC) reminds employers a) of the importance of following a rigorous investigation process when serious allegations of misconduct are made, in this instance, theft, and b) that the FWC has to come to its own objective view as to the existence of a valid reason for termination […]

JobKeeper 2.0 –What you need to know

Posted by Nov 18, 2020

JobKeeper 2.0 – What you need to know As of 28 September 2020, changes to the JobKeeper scheme have extended the scheme until 28 March 2021. These changes include enabling employers that previously qualified for JobKeeper payments, but that no longer qualify because they have not met the threshold of a 30% decline in turnover, […]