by Rob Stevenson | 7 November 2023 | Bulletin
Not that long ago, a challenge to termination of employment for not complying with covid vaccination requirements was generally doomed to failure. Leading industrial law barrister Ian Neil SC summed it up in 2021 when he said that a direction for employees to be...
by Rob Stevenson | 11 October 2023 | Bulletin
When an employee’s employment has been terminated, the choice of legal action is usually an unfair dismissal claim or a breach of general protections rights claim under the Fair Work Act (unless the Fair Work Ombudsman or a union is taking action). These are statutory...
by Rob Stevenson | 7 September 2023 | Bulletin
So you have been offered a job by a new employer and you give notice to your existing employer of your resignation. All is looking bright until you get an email from your new employer advising that the offer is no longer open and thanking you for your interest. Apart...
by Rob Stevenson | 7 August 2023 | Bulletin
Retirement is a special moment in every employee’s life. But, to take a cue from the current McCains Pizza ad, retirement really is “nothing special” legally in that it has no special legal status in employment law and does not give rise to any retirement specific...
by Rob Stevenson | 13 July 2023 | Bulletin
Many employees have unrealistic expectations of workplace investigation processes and outcomes. Employees will usually be involved in a workplace investigation as the person making a complaint or as the respondent to a complaint. In most cases, the starting point for...
by Rob Stevenson | 26 June 2023 | Bulletin
The Fair Work Commission handed down its Annual Wage Review decision on 2 June 2023. There has been considerable interest in the Fair Work Commission’s annual wage review given recent inflationary concerns expressed by the Reserve Bank Governor. The FWC Panel decided...
by Fiona | 22 June 2023 | Employment Contracts, Papers
Consider this scenario. You have trained up a bright young salesperson who you thought was going to stay with your business for many years and that salesperson has built a relationship with some of your best clients. Out of the blue, the salesperson resigns and you...
by Fiona | 22 June 2023 | Employment Contracts, Papers
A. What is the role of the common law employment agreement? Employment law is an amalgam of overlapping statutory and common law rights and requirements. Perhaps the most important obligation exists under workplace health and safety legislation. Employers have a...
by Rob Stevenson | 15 May 2023 | Bulletin
Lawyers are sometimes criticised for not being able to advise whether a potential claim will be successful or not. It is a case of “on the one hand, but on the other hand”. However, the reality is that each case is different. Not only does each case revolve around its...
by Rob Stevenson | 17 April 2023 | Bulletin
There’s no doubt about it – senior executives often get the sharp end of the pineapple when it comes to procedural fairness. It is common for senior executives to get their marching orders at 4pm on a Friday afternoon with no warning. Alternatively, you might receive...
