Employment Law

  • 6 December, 2016

    Probationary periods and notice

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    Probationary periods in employment contracts

    Probationary periods are prevalent in most employment contracts. Probationary periods in employment contracts can be utilised by employers to assess the suitability of a new employee for the relevant role and routinely operate to place new employees on notice that continued employment beyond the expiration of the probationary period remains subject to such an assessment by the employer. Read More >

  • 1 December, 2016

    Employment Law Video: Avoiding workplace hangovers this festive season

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    Unfair dismissal claims and other employment law related claims are prevalent following workplace events especially Christmas functions. Unfair dismissal claims can be costly to employers, regardless of the outcome. Our new video has been released to assist all employers avoid the employment law risks and unfair dismissal claims often associated with work or office Christmas parties and functions.

    This video is a must see for employers of all shapes and sizes.

    How can we help with Employment Law?

    Prestige Legal & Corporate Services provides practical legal advice and assistance to employers and senior employees in all aspects of employment law including representation in employment and related litigation before Courts and tribunals including Fair Work Australia. If you are in need of assistance in this area enquire now to get expert guidance in employment law including termination of employment, unfair dismissal, general protections claims and summary dismissal requirements. .

    Disclaimer

    The information contained in this news article is intended only to provide a summary and general overview on the subject matter of interest. It is not intended to be comprehensive nor does it constitute legal advice in any form. All reasonable attempts have been made by Prestige Legal & Corporate Services Pty Ltd (Prestige) to ensure that the information contained in this article is current but no guarantee is given as to its accuracy or currency. Readers should seek legal or other professional advice before acting or relying on any of the content from this article. Delivery of this document or its display on the Prestige website www.prestigecorp.com.au is not intended to create, nor does it create, a solicitor-client relationship between the reader or Prestige. Prestige shall not be responsible to any reader or anyone else for any loss of any kind whatsoever suffered in connection with the material contained in this news article or its use. No representations or warranties are provided by Prestige as to any of the content contained in this news article. The author(s) may not be admitted as a legal practitioner in all States and Territories.

  • 15 November, 2016

    Employment law – practical tips to prevent workplace hangovers this festive season

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    No holiday for employment law

    The festive season is here. Christmas parties populate the calendars of thousands of Australian businesses around the country. While these activities are a great way to reflect on the year and acknowledge the achievements of staff and your business, history dictates that these events will yield a significant increase in workplace related risk for employers. Claims of sexual harassment, bullying, discrimination, drug and alcohol use, and other potential misconduct by employees, become a reality for many business owners post-celebration. Employment law does not take a holiday and continues to regulate workplace behaviour and employment relationships regardless of the season. Read More >

  • 17 December, 2015

    Can Gossip Constitute Workplace Bullying?

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    Recently, the Fair Work Commission (Commission) found that the spreading of misinformation or rumours about co-workers as well as ill-will against others can amount to bullying under the new anti-bullying provisions. The decision clarified how bullying can manifest itself in many different ways and that bullying is not just between co-workers but can be instrumented by anyone an employee comes into contact with at work.

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  • 15 December, 2015

    Employer liability for employee actions not work-related

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    In a recent decision, the Industrial Court of Queensland (the ICQ) disallowed a workers’ compensation claim for a female employee that developed a psychiatric injury as a result of a supervisor taking inappropriate photographs of her chest. This case highlights the employer’s potential liability for the actions of their employees carried out at work, which do not appear at face value to be work-related.

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  • 10 December, 2015

    Stop Bullying Orders – Workplace Bullying

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    In January 2014, the anti-bullying provisions were introduced giving the Fair Work Commission (FWC) broad powers to regulate inner workings of a workforce. The FWC will make a determination on whether there has been bullying conduct within the workplace or that no bullying behaviour was proven. If bullying has been proven, the FWC has the power to issue a Stop Bullying Order if there is a risk that a worker will continue to be bullied at work. Accordingly, orders cannot be made where the worker is no longer engaged at the workplace or if there is no risk of the bullying conduct continuing.

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  • 8 December, 2015

    Annual Leave: Employer’s Rights on Use

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    Whilst all employees are entitled to paid annual leave, any application for leave not accrued is at the discretion of the employer. In a recent decision, the Fair Work Commission (FWC) found that a dismissal will not be considered harsh, unjust or unreasonable when an employee takes annual leave that has not been accrued after the employer has provided lawful instruction directing the employee to attend work.

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  • 3 December, 2015

    Redundancy and Redeployment

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    Suitability of Alternative Positions: Recently, the Fair Work Commission (FWC) found that an employee was not entitled to redundancy payments on the basis that she refused three (3) redeployment positions offered to her by her employer.

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  • 1 December, 2015

    Termination of Employment and the Importance of Dismissal Procedures

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    The private conduct of employees outside work hours is an area that continues to cause concern for many businesses. Summary dismissal based on serious misconduct requires the principles of procedural fairness to be followed even if there is a valid reason for dismissal. The Fair Work Commission (FWC) in a recent case found that ‘conduct outside of work involving criminal offences does not, alone, warrant dismissal’. Accordingly, a ‘relevant connection’ must be shown between the workplace and the employee’s criminal activity outside the workplace for summary dismissal to be warranted.

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