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Potential prosecution by a safety regulator for poor workplace culture – is it coming to a workplace near you? - Apr 2019

In December 2018, the Review of the Model Work Health and Safety Laws: Final Report (the Review) was handed down. Within the Review, one key recommendation was to amend the model work health and safety (WHS) regulations to specifically require businesses to identify and effectively manage the risks of psychological injury in the workplace.  This represents a considerable shift in policy. 

Emily Haar, Senior Associate, and Daniel Bartlett, Law Clerk, review the recommendation and its potential impact should it be adopted within the model WHS laws.

The curious case of the calculating courier - Mar 2019

Engagement of “gig-economy” workers has been a hot topic, particularly in the case of food delivery businesses.  The Fair Work Commission recently concluded that a delivery rider for Foodora was in fact an employee, rather than an independent contractor. 

Emily Haar, Senior Associate, reviews the decision.

Drunken behaviour leads to dismissal - Mar 2019

In the appeal of Urso v QF Cabin Crew Australia Pty Limited t/as QCCA [2019] FWCFB 1322, the Full Bench of the Fair Work Commission has confirmed that employees bear the responsibility of ensuring that their conduct remains appropriate and compliant with company policy, and that even unintentional misconduct can form the basis of disciplinary action. 

Ben Motro, Special Counsel, and Gemma Twemlow, Senior Associate, discuss the appeal.  

Extended private sector whistleblowing protection scheme, with amendments, becomes law - Feb 2019

Moving at a sometimes glacial pace, reform and extension of private-sector whistleblowing laws has finally passed parliament, and will likely commence on 1 July 2019. 

Ben Motro, Special Counsel and Amrita Howell, Associate talk through the last-minute refinements that are part of the new scheme.

New casual offset loading regulation to prevent ‘double-dipping’ – is it all bark, no bite? - Feb 2019

A recent amendment to the Fair Work Regulations 2009 has raised some interest among employers and employees.

Partner, Tim Lange, and lawyer, John Evans look at what the regulation is really worth and where employers should be looking for the next important development.

"Smoko" break, going up in smoke - Feb 2019

The Fair Work Commission’s recent decision of Bajada v Trend Windows and Doors Pty Limited [2018] FWC 5937 takes on whether smoking at work can constitute a valid reason for dismissing an employee.  David Ey, Partner and Gemma Twemlow, Senior Associate, discuss what this means for employers.  

New Directors’ and Officers’ exposure to personal liability under Security of Payment Legislation in NSW - Dec 2018

Last week the Building and Construction Industry Security of Payment Amendment Act 2018 (Amending Act) was passed by both houses of NSW Parliament. The suite of changes cover many aspects of payment behaviour on construction and related procurements in the Premier State. Partner, Robert Riddell and lawyer, Brianna Smith consider the new exposure this presents to Directors and Officers of construction companies.

Rubbing salt into the wound of an applicant in unfair dismissal proceedings - Nov 2018

An applicant whose claim was “doomed to fail”, and was pursued by her to inflict as much damage as possible on her former employer, has led to severe consequences when the Fair Work Commission ordered her to pay indemnity costs to her former employer.

Partner, David Ey and Senior Associate, Gemma Twemlow review the decision.  

South Australia Leaves Labour Hire Licensing Behind - Oct 2018

Before it had a chance to come into full effect, the South Australian government has announced that it is scrapping the Labour Hire Licensing Act 2017.

Emily Haar, Senior Associate, reviews the announcement. 

Food delivery service “gig economy” operators under the industrial spotlight - Aug 2018

The Fair Work Ombudsman has recently commenced proceedings against food delivery application “Foodora” in the Federal Court of Australia alleging that the “gig-economy” platform has engaged in sham contracting.  Emily Haar, Senior Associate, and Professor Andrew Stewart, Consultant, consider the implications such a finding could have.

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