Archive for October 2020
Notification nightmares: Social media missteps for employers to avoid
The advent of social media has transformed how we live, connect, and do business. Employers can now use social media to advertise, recruit and communicate with employees, and engage directly with customers. But it has not come without complications for employers: harassment or bullying can now happen online, and as technology innovates, there are new…
Read MoreThe $5.2 million question: employer hit with record adverse action order
The Federal Court has handed down what may well be the largest payout ever in an adverse action claim under the Fair Work Act 2009 (Cth) (FW Act), finding that a senior employee was dismissed for making complaints about bullying. Importantly, the case demonstrates the power of the reverse onus of proof in adverse action…
Read MoreWhen do I need to notify WorkSafe of an incident in the workplace?
Over the past weeks, news has tragically emerged of two delivery riders who were fatally struck by vehicles days apart in Sydney. The incidents have sparked renewed calls for more consistent WHS reporting obligations across Australia. When a serious safety incident occurs in the workplace, you may be required to notify the relevant regulator in…
Read MoreEmployer dodges conviction for child labour offences as regulator flexes muscles
In a stark sign of the times, the Victorian Wage Inspectorate (VWI) has claimed its first criminal prosecution under child labour laws, and emphasized that it stands ready, willing and unafraid to prosecute wage theft offences when it gains that power next year. VWI has flagged a tougher stance on compliance and a greater willingness…
Read MoreCOVID Controversy: Obtaining pandemic-relevant information from employees
As businesses navigate the challenges of ensuring the health and safety of their customers and employees during the COVID-19 pandemic, they must be careful to avoid infringing upon the privacy of their employees. A recent decision in the Fair Work Commission is useful for understanding what information an employer can request of its employees, as…
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