The Fair Work Act 2006 (Cth) (FW Act) creates a range of rights, obligations and liabilities, the vast bulk of which attach to employment relationships. However, the FW Act doesn’t…
The powers of the Fair Work Commission (FWC) to order compensation to a person for unfair dismissal must not be made unless the FWC is satisfied that reinstatement of the…
If an employer is an organisation subject to the Privacy Act 1988 (Cth) (which for private sector organisations must mean they have an annual turnover of not less than $3 million),…
If an employee is unwell for a period of time, employers often seek further information about the employee’s ill health. This information can be obtained from either the employee’s medical…
What an employee does in their private life is their business unless that conduct: viewed objectively, is likely to cause serious damage to the relationship between the employer and employee;…
The unfair dismissal provisions of the Fair Work Act 2009 (Cth) (FW Act) can only be accessed by a person who has been dismissed. In James v NSW Trains (2021),…
All modern awards contain a dispute-settlement procedure to be followed if a dispute arises between an award-covered employee and their employer about a matter under the award or in relation…
On 5 January 2022, the Prime Minister reported that the National Cabinet had agreed that the Commonwealth Attorney General will convene a meeting of relevant ministers from all jurisdictions to…
There are articles about it, press conferences about it, advertisements about it, emails about it, social media campaigns about it and even a song by Kyle Sandilands about it. The…
A situation might arise when an employee leaves your organisation and starts engaging in competitive activities in breach of the restraint clauses in their employment contract. You search for a…