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….
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…
Alphabet soup: CFMMEU emerges as Australia’s first ‘super union’
In March 2018, a single member of the Fair Work Commission approved the amalgamation of the CFMEU, MUA, and TCFUA into a new ‘super union’….
Unfit for work? The Fair Work Commission will decide
The recent decision in CSL Limited T/A CSL Behring v Papaioannou [2018] FWCFB 1005 has resolved conflicting authority in unfair dismissal proceedings. By JACK DE…
‘Outer limit’ contracts within unfair dismissal bounds
An ‘outer limit’ contract (also known as a maximum term contract) is a contract that has a stated end date. A recent ruling deserves close…
Bargaining under the Fair Work Act & lessons in grammar from the HCA
The High Court of Australia’s decisions in ‘Esso’ and ‘Aldi’ have significant effects on enterprise bargaining in Australia. By JACK DE FLAMINGH and CHRIS BELL.
Festive not foolish: a guide to surviving the silly season in (and out of) the workplace
How to get through the holiday period in one piece and without incident. By JACK DE FLAMINGH.
An unholy trinity? Religion, employees and the workplace
Religious issues can arise in various workplace settings, including the contract of employment and religious discrimination. By JOHN WILSON and KIERAN PENDER.