High Court expands FWC’s remit to survey redeployment counterfactuals
The FWC can now scrutinise business models, outsourcing and risk appetite when judging redeployment feasibility.
By Jack de Flamingh and Johanna Rusden - 2 min read
Landmark High Court ruling confirms increased exposure for employers
Damages for psychiatric injuries arising from a breach of an employment contract are now available and policies can be incorporated into contracts.
By Jack de Flamingh and Keti Bull - 2 min read
Novel elements and practical implications of new discrimination costs model
The modified equal access model includes new concepts like ‘unreasonable act or omission’ and ‘significant power advantage’.
By Cilla Robinson and Lauren Cooper - 2 min read
Judicial interpretation of the term ‘occupation’
The NSWSC has distinguished ‘occupation’ from ‘job’ and the former is to be determined by a range of factors.
By Jeremy Harrison - 1 min read
New industrial manslaughter offence to carry heavy penalties
A new offence of industrial manslaughter has been passed to address the high number of workplace deaths in NSW.
By Paul Moorhouse - 2 min read
Knives to a gunfight: the risks of poorly drafted NDAs in workplace disputes
NDAs should mitigate risks of workplace disputes going publicly nuclear, but only if they’re drafted effectively. Are you at risk?
By Penny Thew - 1 min read
Finding redeployment: how far do employers need to go?
A recent Federal Court decision has widespread implications for employers who make redundancies while retaining contractors.
By Jack de Flamingh and Ruby Divola - 2 min read
Fair Work Act will soon provide a ‘right to disconnect’
The right to disconnect has received media attention as the trend of work extending into personal life is seen as an increasingly important issue.
By Paul Moorhouse - 2 min read
Closing loopholes: More changes to the Fair Work Act
Recent amendments make a number of significant changes to the Act, including a revised definition of ‘casual employee’ and new conversion process for casual employees.
By Paul Moorhouse - 2 min read
Meeting the obligation to consult in employment law
Employers have a legal obligation to consult employees when making significant workplace changes and guidance is needed on how to implement this duty.
By Giuseppe Carabetta and Paul Lorraine - 2 min read
High Court denies vicarious urination
A recent High Court decision has brought a degree of common sense back to when an employer may be vicariously liable for the conduct of…
By Jack de Flamingh and Arsalan Azhar - 2 min read