Knowledge

Because employment law is always evolving, we share our insights, expertise and knowledge on a regular basis and comment in the media.

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May 11, 2022

The Gloriavale decision – Minimum standards are still sacred

On 10 May 2022, the Employment Court released its judgment in Courage & Ors v Attorney-General & Ors[1], in which it was asked to make declarations that the three plaintiffs were employees during their time at Gloriavale. There were many factors and arguments for the Court to consider, not least of all the interrelation between […]

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May 1, 2022

Casual employment – when is it not casual?

Chances are at some point in your life you have had a ‘casual’ job.  For many, casual employment is synonymous with a summer job.  However, casual working arrangements have become more common in the fast-developing gig economy, where employers and labour-hire companies require workers intermittently for very short periods.  While employment on a casual basis […]

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April 7, 2022

Pushing the limits – what is considered work?

In simple terms, the premise of an employment relationship is that an employer pays an employee for work performed.  So, it should be easy to define what ‘work’ is, right?  Throw in on-call requirements, ‘zero hours’ contracts and a pandemic and the answer is no longer clear cut. In this article, we look at the […]

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April 4, 2022

Navigating the removal of vaccine mandates – for employers

As of 11:59pm tonight (4 April 2022), Government-enacted vaccination mandates and Vaccine Pass requirements will lift for the education, police, defence and hospitality sectors.  Considering this change, WorkSafe has sent a clear message that employers can only justify a requirement for a role to be performed by a vaccinated employee under very limited circumstances.  We […]

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March 24, 2022

Workplace Bullying Series – Part 6: The impact of the modern workplace on workplace bullying

Remote working, flexible hours and the ‘great resignation’ are hallmarks of the modern work environment.  They are also factors which impact how bullying occurs in the workplace and our ability to spot and define bullying behaviour.  In the final article of our series, we consider how changes to the way we work have shaped or […]

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March 22, 2022

Things Employers and Employees need to know about the Government announcement on 23 March 2022

The Government has made an announcement about changes to the COVID-19 Protection Framework and vaccination mandates.  Here is what employers and employees need to know. Vaccination mandates Vaccination mandates in the education, police, defence and hospitality/close contact industries will end from 11.59pm on Monday 4 April 2022. Mandates remain in place for health, aged care, […]

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March 22, 2022

Workplace Bullying Series – Part 5: The forgotten person

In the previous article of this series, we considered an employer’s obligation to an employee who makes an allegation of workplace bullying.  Often employers are good at supporting the complainant, yet they forget that there is someone else who is being impacted by the complaint and that is the person who has been accused of […]

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March 16, 2022

Workplace Bullying Series – Part 4: Obligations to the complainant

In any bullying complaint there are at least three parties involved: the complainant (the person raising the complaint) the respondent (the alleged ‘bully’) and the employer.  In this article, we focus on employers’ obligations to employees who have raised an allegation of bullying – from the moment the complaint is received and beyond.   Consider […]

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March 9, 2022

Workplace Bullying Series – Part 3: What to do when you receive a bullying complaint

Following on from our previous article, where we discussed the prevention of workplace bullying, we now turn to the steps a manager or leader can take when bullying happens or is alleged.  The most effective response will be one that is consistent with workplace policies and wider employment law obligations (which can become a minefield […]

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March 2, 2022

Workplace Bullying Series – Part 2: Prevention is better than cure

Many articles regarding bullying focus on what to do when it happens.  Of course we will cover that as part of our Workplace Bullying Series, but as they always say … prevention is better than cure … so this article looks at what prevention measures employers can put in place. For organisations to provide a […]

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