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If your business has a matter before the Fair Work Commission (“FWC”) you may automatically think that the you are entitled to legal representation in that matter and that your legal representative is able to appear for the business in the FWC proceedings. You would be wrong. The issue of legal representation before the FWC has become a hot topic as a result of a number of recent decisions.
Posted on:
11 May 2018
Kraft Foods Group Brands LLC v Bega Cheese Limited [2018] FCA 549 (20 April 2018 and 4 May 2018)[i] In brief
Posted on:
10 May 2018
This article originally appeared in ​​the April 2018 edition of Lexis Nexis' ​Financial Services Newsletter. ​Key points: Comprehensive credit reporting is planned to commence on 1 July 2018.
Posted on:
10 May 2018
We hear the words “duty of care” used commonly but in terms of an employment relationship, what does this really mean for employers and how far does the duty really go?  By way of introduction, there are a number of duties that are owed by an employer to an employee. These include, but are not limited to:
Posted on:
30 Apr 2018
European privacy regulation is undergoing massive changes, with the new General Data Protection Regulation (the GDPR) to take effect from 25 May 2018.
Posted on:
20 Apr 2018
The explosion of social media use over the years presents many challenges to the employment relationship. The use of social media has blurred the boundaries between work and non-work life. This has led to many employers having to deal with situations where employees have posted something in their private capacity on their own social media accounts, which has (or is likely to have) a negative impact on the employer.
Posted on:
13 Apr 2018
In March 2018 ASIC released one of its periodic ‘Reports’ on how it considers various laws and regulations should work. Report No. 595 comprises a review of the changes the 4 major banks have made to their small business loan contracts, in the light of the new unfair contract terms (‘UCT’) regime. The Report’s comments have considerable relevance for equipment financiers. In brief, for equipment finance contracts:-
Posted on:
27 Mar 2018
The environment in which work is conducted is no longer constrained by traditional notions of a workplace where certain tasks and activities are completed, between the hours of 9am and 5pm, Monday to Friday. The modern workplace is constantly changing, and employers are having to adapt in order to keep pace. More frequently than not, work is now performed in a more dispersed and flexible manner, with emphasis being placed on the delivery of outcomes rather than satisfying attendance requirements or endless performance milestones.
Posted on:
23 Mar 2018
There have been a number of interesting and noteworthy cases determined by our judiciary in the employment law space in the last quarter. In this legal briefing we provide an overview of two significant cases. The first of the two highlights the challenge faced by employers in relying upon the opinions of medical professionals in determining whether (or not) an employee can perform the inherent requirements of the role for which they are employed and how employers ought to go about reconciling conflicting medical opinions about an employee’s fitness for work.
Posted on:
9 Mar 2018
In light of the recent exhaustive and intrusive media coverage about The Honourable Barnaby Joyce MP’s affair with his staffer, the question that should be asked is whether the personal life of an employee is something with which the employer should be concerned or have any say. In this regard, the Prime Minister clearly is of the view that the answer to this question is in the affirmative.
Posted on:
23 Feb 2018

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