11 November 2024
Officer awarded $238,000 in costs against WHS Regulator as a result of a failed due diligence case
A company director was awarded $238,000 in costs (click here) following the WHS Regulator’s failed attempt to prosecute ...
31 May 2024
Sexual harassment bar has been raised even higher in the workplace
FWC recently put workplaces on notice (John Tamaliunas v Alcoa of Australia Limited [2024] FWC 779) that there was now b...
08 May 2024
$400,000+ fine and costs to worker who experience sexualised and aggressive behaviour
A recent NSW district court decision (SafeWork NSW v Marist Youth Care Limited [2024] NSWDC 74) has imposed fines and co...
29 April 2024
Higher bar for genuine redundancies set
The Full Federal Court (Helensburgh Coal Pty Ltd v Bartley [2024] FCAFC 45) has recently found that employers have an ob...
12 December 2023
You can terminate employment for not meeting reasonable KPIs
FWC has confirmed the long held understanding that failing to meet reasonable KPIs will be a valid reason for dismissal ...
06 December 2023
Will your Christmas function be Psychosocially safe this year?
Christmas is a great time of year but unfortunately, work functions can be fertile ground for incidents that lead to not...
03 November 2023
Can an employer monitor and enforce an employee's compliance with road rules?
A resounding “Yes” according to FWC (Thien Huy Xuan Dang v Coca-Cola Europacific Partners Australia Pty Ltd (U2023/1175)...
23 September 2022
Is an employee's failure to comply with an employee's mandatory PPE policy ground for dismissal?
Yes, but only if the dismissal is not harsh, unjust or unreasonable....
06 May 2022
Termination of Employment : A reminder on procedural fairness
The procedural steps taken during the termination process are crucial. In a recent FWC decision Mr Simon Ronchi v Johns...
13 April 2022
Full Bench confirms connection between out of hours conduct and employment
In a recent Fair Work Commission (FWC) decision (Sydney Trains v Andrew Bobrenitsky), a full bench unanimously overturne...
21 March 2022
Can I dismiss an employee for their out of hours conduct?
Yes, but only in limited circumstances....
10 February 2022
No shortcuts when terminating
In a recent Fair Work Commission (FWC) decision (Steve Petkovski v M J Luff Pty Ltd T/A Border Express [2021] FWC 5936),...
05 May 2021
Has the recent FWC decision regarding flu vaccinations just changed the position regarding COVID vaccinations?
The short answer is still “no”....
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