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
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
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
The Fair Work Act’s provisions pertaining to long-term casuals are giving rise to curious outcomes, with casuals receiving conflicting and sometimes arbitrarily determined employment benefits…
By Luis Izzo - 1 min read
Can a party who has repudiated a contract of employment still enforce post-employment restraints? By ABRAHAM ASH and ELODIE CHEESMAN.
By Abraham Ash and Elodie Cheesman - 2 min read
A key issue in adverse action claims is the reason for the decision-maker taking action. By GLENN FREDERICKS.
By Glenn Fredericks - 2 min read
Recent Federal Court decisions highlight uncertainty as to whether an individual is an employee or an independent contractor. By JACK DE FLAMINGH and AMANDA CAMERON.
By Jack de Flamingh and Amanda Cameron - 2 min read
Traditional legal mechanisms struggle to effectively respond to the complex and often elusive nature of bullying conduct. By JACK DE FLAMINGH.
By Jack de Flamingh - 2 min read
In the landmark case of Aurizon Operations Ltd [2015] FWCFB 540, the Full Bench of the Fair Work Commission rejected the notion that it is inappropriate to…
By Jack de Flamingh and Stephen Jenkins-Flint - 1 min read
Penalty privilege applies to natural persons in Fair Work Act proceedings. By LARISSA ANDELMAN.
By Larissa Andelman - 1 min read
While company directors are a common target in proceedings brought under the Fair Work Act, other individuals in key roles such as managers, compliance officers and…
By Joydeep Hor and Theresa MacDermott - 2 min read
There are significant benefits for a company at the top of a supply chain in taking responsibility to ensure that contracts throughout the supply chain…
By Janine Webster, Reshma Bargon and Megan Carter - 2 min read
This decision in CFMEU v BHP is notable for its fairly robust dissent in terms of the artificiality of distinguishing between the act of participating in lawful…
By Joydeep Hor - 2 min read