Accountant liable as third party accessory to client’s fair work breaches

According to the the Fair Work Act, a person who is ‘involved in’ a contravention of a civil remedy provision is taken to have contravened…

Can employers protect social media contacts?

Australian courts need to establish when a social media contact should be recognised as an actual or prospective client, subject to protection as confidential information…

At your own peril: off-the-clock social media posting

Recent decisions relating to ‘off the clock’ use of social media serve as a warning to employees about possible repercussions in the workplace. By ALEXANDRA…

Tips for claiming legal professional privilege over investigation reports

There are many practical measures that can be taken to assist in structuring a workplace investigation to maximise the chances of attracting privilege. By PAULA…

The casual conundrum: casual employment in the Fair Work world

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…

Post-employment restraint after repudiation of an employment contract

Can a party who has repudiated a contract of employment still enforce post-employment restraints? By ABRAHAM ASH and ELODIE CHEESMAN.

Adverse action: in the mind of the beholder?

A key issue in adverse action claims is the reason for the decision-maker taking action. By GLENN FREDERICKS.

Duck or rooster? Employees and independent contractors in the new ‘sharing economy’

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.

FWC’s anti-bullying jurisdiction: is it working?

Traditional legal mechanisms struggle to effectively respond to the complex and often elusive nature of bullying conduct. By JACK DE FLAMINGH.

Turning a blind eye to employment law breaches: directors and HR managers beware

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…