Industrial Court clarifies casual employment in NSW public sector
Why regular, predictable arrangements may no longer sit comfortably with casual classification.
By Jack de Flamingh and Saachi Brajkovic - 1 min read
Annualised salaries and set-off clauses: lessons from FWO v Woolworths
The key aspects of this landmark decision and what it means for practitioners and clients in the space.
By Paul Moorhouse - 2 min read
Finding the nexus: how to request or deny flexible working arrangements
As we increasingly see working from home as a right, the question begs: to what extent are we entitled to flexible working arrangements?
By Giuseppe Carabetta and Samantha Hinderling - 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