Employment Law

The trap in terminating employment for misuse of social media

It appeared to be settled in the industrial courts of Australia that an employer had the ability to terminate the employment of an employee who ha...

Employment law: Is there such a thing as too much hours of work in a week?

Anyone who has paid any attention to news reports over the last few years will probably have some awareness that when measured against other OECD...

Employment contracts: Want to get paid? You have to perform the work

At its most basic level, a contract of employment is essentially one in which an employee performs the work they are contracted to perform, while the...

Unfair dismissal laws in Australia

The unfair dismissal provisions under the Fair Wor...

Changes to Equal Opportunity Legislation

Earlier this year the Minister for the Status of Women announced a number of upcoming changes to the Equal Opportunity for Women in the Workplace ...

Government Toughens Harassment Laws

 On 24 May 2011, Parliament passed the Sex and Age Discrimination Legislation Amendment Bill 2010. These new anti-discriminatio...

Enforceability of Contractual Terms and the Discretionary Bonus

 It has been a challenge for employees to enforce the payment of discretionary bonuses in court actions. A recent decision of the NSW Co...

Employment: All Eyes on New Workplace Privacy Laws

Workers in the Australian Capital Territory must now be given written notice before their employers can use surveillance on them at work.

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The `Better Off Overall Test¿ under the Fair Work Act

What is the “Better Off Overall Test?”

The “Better Off Overall Test” (“BOOT”) was int...

Termination of Employment for Criminal Convictions

From time to time employers may be faced with a decision as to whether or not to continue to employ a worker who has been charged with, or convict...

Social Media and Dismissal

Fair Work Australia recently considered whether an employee’s posting of a negative comment on Facebook about the employer justified that em...

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