Articles
In the current climate surrounding Covid-19, employers have sought to comply with ever changing health directions, and to safeguard their workplaces, by enacting vaccination policies and requirements. Where some employees have failed to comply with the health directions or vaccine requirements, employers have been placed in the difficult position of having to dismiss non-vaccinated employees. In an important reminder for employers to engage in a procedurally fair dismissal process, the Fair Work Commission recently held an employee refusing to be vaccinated against Covid-19 was unfairly dismissed. Significantly, however, the employee was not awarded any compensation. Unfair dismissals generally In…
Read MoreThis evening, the Islamic holy month of Ramadan will commence, to end on the evening of 1 May 2022. During Ramadan, practicing Muslims will abstain from food or drink, including water, from sunrise to sunset. This can pose some challenges for employers, from the prevalence of “lunch meetings” to work health and safety concerns. In this article, we will outline some means by which employers can manage their businesses to support those partaking in Ramadan and the wider workplace. Be flexible where possible Since the fasting period during Ramadan lasts from sunrise to sunset, the duration of the fast…
Read MoreIn March 2021, a construction company was ordered to pay $3,000 to a construction worker for discriminating against him on the basis of his age. As most employers are aware, it is unlawful to discriminate against a person on the basis of their age. Importantly, this is true for an employer both in respect of its employees as well as any prospective employees. It is entirely lawful for an employer to consider whether a prospective employee can safely perform the duties of a role. However, the following case is an example of the risks of inappropriately using age as the…
Read MoreIn the recent case of CFMEU v BHP Coal Pty Ltd [2022] FWC 81, a senior member of the Fair Work Commission (Commission) has decided that employers can require workers to provide documentary evidence of their vaccination status without breaching the Privacy Act 1988 (Cth). In doing so, the Commission determined that just because sighting the ‘green tick’ on the Check In Qld app is good enough for the Blackwater Pub, does not mean it is good enough for the Blackwater coal mine. Consent to collecting sensitive information Following on from last year’s landmark case of CFMEU v Mt…
Read MoreAustralian workforces have certainly not been immune to the impacts of global movements such as #MeToo and #TimesUp. In fact, a 2018 national inquiry (National Inquiry) undertaken into sexual harassment led by the Australian Human Rights Commission found that approximately 39% of women and 26% of men had experienced sexual harassment in the workplace. The unquestionably alarming findings brought into sharp focus Australia’s approach to sexual harassment, and prompted the implementation of the Respect@Work legislative changes [1]. As part of those changes, as of 11 November 2021, the Fair Work Commission (Commission) is now able to hear applications for ‘orders…
Read MoreIn a recent decision, the Fair Work Commission has declined the opportunity to exercise its powers under the new anti-sexual-harassment jurisdiction. Commencing on 11 November 2021 the Commission may make any order it considers appropriate (excluding requiring payments) to prevent a worker from being sexually harassed at work. Critics of the new jurisdiction note that the Commission effectively already possessed such powers under the existing anti-bullying jurisdiction. Nevertheless, in THDL [2021][1] the Applicant filed an application for the Commission for an order to stop bullying and sexual harassment in accordance with s.789FC of the Fair Work Act 2009 (Cth). Ultimately…
Read MoreIn a recent case before the Fair Work Commission, a flight attendant’s employment came to an end due to her refusal to wear a face mask. The case of Watson v National Jet Systems Ltd [2021] FWC 6182 holds useful lessons for employers implementing mandatory mask wearing policies in response to the risks of the COVID-19 pandemic. This case also has implications within the mandatory vaccination context as well. Background Ms Jessica Watson was a flight attendant employed by National Jet Operations Services Pty Ltd (National Jet) on Qantas flights. On 26 October 2020, a direction was issued to…
Read MoreAs the holiday season approaches, businesses and their employees are looking forward to relaxing together at work Christmas parties and celebrating the end of another challenging COVID-19 impacted year. However, the festive season also brings the familiar apprehension at the prospect of employee misconduct and other workplace health and safety risks arising at work-related events. As the drinks start to flow, the borders of an employer’s responsibility and control over risks and behaviour at the festivities can become blurred, along with the attendees’ vision. This article explores what employers can and should do to address employee misconduct at work Christmas…
Read MoreAs of November, company directors in Australia have been given deadlines to apply for Director Identification Numbers. Following recent amendments to the Corporations Act 2001 (Cth) (Corporations Act), the Australian Business Registry Services (ABRS) is now responsible for requiring every director of an Australian company or other body registered under Corporations Act to obtain a Director Identification Number (DIN). The recent amendments have provided timeframes for new and existing directors to apply for DINs. The Corporations Act now imposes civil and potentially criminal penalties for infringements relating to DINs, including for failing to have a DIN when required to do so. This article examines these new requirements and deadlines. What is a DIN? The DIN is a unique identifier attached to a director’s identity which creates…
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