Public servants all atwitter: High Court has its say on “free speech”
What employers and employees can learn from the much-hyped Comcare v Banerji judgment. By JACK DE FLAMINGH and DANIEL ARGYRIS.
Consent, the Privacy Act and biometric scanners in the workplace
An in-depth look at the privacy implications of collecting employees’ biometric data.
Substance over form – Fair Work Commission cuts some slack
Procedure is a servant, not the king – approval of enterprise agreements gets a little bit easier. By JACK DE FLAMINGH and CHRIS BELL.
Freedom of speech in a master / servant relationship
An in-depth look at the debate about freedom of speech in an employment relationship. By JACK DE FLAMINGH.
Fine lines blurred in adverse action applications
There is a fine line between a decision made because of a protected attribute, and one made because of the manifestation of that protected attribute….
Walking the line: when does a shiny new enterprise lose its lustre?
JACK DE FLAMINGH & HANNAH PETERS discuss the first FWC case to consider Fair Work Act amendments aimed at resolving protracted greenfields bargaining disputes.
Aftermath of the casual conundrum: ‘double-dipping’ and class actions
Government has moved to limit the fall-out from the Full Federal Court’s decision on casual workers in WorkPac v Skene. Meanwhile, class actions momentum is building. …
Another casual conundrum: substance over form prevails (again)
The Full Federal Court has confirmed that the common law definition of ‘casual’ applies for the purpose of the National Employment Standards. By JACK DE…
The limitations of a modern day bag search
Employers may inspect a mobile phone where there is an express contractual right or by reasonable and lawful direction, but the bar for that is…
Corporate accountability and transparency: a modern approach to combat slavery
Ethical supply chains are under the spotlight as the Commonwealth and New South Wales legislatures move to increase transparency about modern slavery. By JACK DE FLAMINGH…
Taking the trial out of the office tryst: just how much should an employer do?
Policies encouraging disclosure of romantic relationships to avoid conflicts of interest are the best means to manage risks of workplace romance. By JACK DE FLAMINGH…