It is now 12 months since the insidious discriminatory and sexually predatory behavior of powerful Hollywood moguls was exposed by a few very brave women. It is also 12 months since the phenomena of the #metoo movement. The fallout from all this publicity is certainly a heightened awareness of the unacceptable behaviours that occur at work, mostly against women. Now with the Christmas and New Year period upon us, many employers will be celebrating the end of 2018 with their employees.
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7 Dec 2018
Administrators, receivers and trustees in bankruptcy are appointed over businesses every day of the week. Many of those businesses hold a licence of one kind or another. Does such an appointment affect the operation of the licence? If so, does the appointee actually have any business to operate or sell at all once appointed?
4 Dec 2018
It is that time of year again. Employers are looking at the holiday period and how this is managed. Many employers will be closing down operations over the festive season and want employees to take this time as annual leave. However, employees are not always so willing to take annual leave at this time.
26 Nov 2018
Class action constituted multiple ‘claims’ for purposes of civil liability insurance policy, leading to multiple retentions and effectively no cover
Bank of Queensland Ltd v AIG Australia Ltd  NSWSC 1689 (6 November 2018) In brief
21 Nov 2018
Last night I attended the eightieth commemoration of Kristallnacht, or the Night of Broken Glass at Sydney’s Great Synagogue. The events that occurred in Nazi Germany and its surrounding European countries, on Kristallnacht was the precursor to the worst atrocity committed by humans against one another in modern times, if not all times.
9 Nov 2018
In this week’s article we consider the continued effect of the #MeToo movement on Australian workplaces, the legal definition of sexual harassment and an employer’s responsibilities in relation to sexual harassment in the workplace. Most importantly, we consider what steps employers should be taking within their business to reduce the risks in this area. We also examine a recent decision which demonstrate the changing attitude of the Fair Work Commission towards sexual harassment in the workplace.
26 Oct 2018
Is it acceptable for an employee to approach the clients and connections of their previous employer for the benefit of a new employer? The answer to this question depends on a number of matters including whether the employee is subject to restraints preventing such conduct, whether the approaches to the clients occurs before or after the employee leaves the employment and whether the employee uses their old employer’s confidential information.
12 Oct 2018
When an employee or independent contractor leaves a business, they have the potential to significantly damage the business by misusing confidential information and client relationships. To prevent this, many businesses utilise restraints and confidentiality clauses within their employment contracts and independent contractor agreements.
28 Sep 2018
In this week’s article we consider the proper legal definition of casual employment and also consider a recent landmark decision of the Full Bench of the Federal Court of Australia which considered whether a casual truck driver whose employment was terminated was entitled to accrued annual leave.
14 Sep 2018
Workforce Planning in a Slowing National Economy: A Timely Refresher on Change Management and Redundancies
Change management and, in particular, downsizing has the potential to present a melting pot of legal issues for employers, and there are many practical traps for organisations to consider in planning and executing redundancies especially in an economic downturn.
31 Aug 2018