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Employment Law Bulletin (newsletter)
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Volume 23 No 10 — December 2017
Parliamentary privilege and the Fair Work Commission: Commonwealth of Australia represented by the Department of Immigration and Border Protection v the Community and Public Sector Union
Safety nets and social policy: the ACTU’s claim for family and domestic violence leave and the role of the Fair Work Commission in responding to social issues
Volume 23 No 9 — October 2017
“Ordinary and customary turnover of labour”: exception to redundancy pay entitlement
Genuine redundancy — was it reasonable to redeploy?
Employers’ duties to consult prior to redundancies
Volume 23 No 8 — September 2017
Make sure your “expert” witness is an expert
Liability as an accessory to breaches of the Fair Work Act
Robotics, artificial intelligence and work: hope for the best but prepare for the worst
Volume 23 No 7 — August 2017
Industrial Revolution 4.0 — evolving industrial relations strategies
Unions can maintain anonymity of their members in s 739 dispute notifications and are also parties to disputes under enterprise agreements
Volume 23 No 6 — July 2017
Demystifying the common law doctrine of abandonment of employment
Innocent or illegal? Adverse action cases involving mistakes of law and mistakes of fact
Post-employment restraints: not enforceable where employer repudiates contract
Volume 23 No 5 — June 2017
When does online misbehaviour constitute a “valid reason” for dismissal?
When litigation leads to liquidation: fair work compliance costs to employers
The Fair Work Ombudsman and workplace compliance issue: the investigation process
Volume 23 No 4 — May 2017
Practice and procedure in defending FWO prosecutions: what role for the privilege against penalty?
Dismissal and free speech: Full Federal Court considers implied right in employment context
Volume 23 No 3 — April 2017
Exploring the boundaries of adverse action on the grounds of disability: Shizas v Commissioner of Police
Defining compulsory “training” as “work”: a broad spectrum
Racial discrimination: where to draw the line between jokes and insults
Volume 23 No 2 — March 2017
Leaping over a jurisdictional hurdle in bullying applications: is the employer a “constitutionally-covered business”?
Stop the bullying! (But first, please jump through these hoops) Navigating the anti-bullying provisions of the Fair Work Act
Volume 23 No 1 — February 2017
Multiple decision-makers and their reasons for taking adverse action
Public sector workplace privacy: ruling clarifies application of Information Privacy Principles to employee social media accounts
Another unnecessary casualty of the general law — Skene v Workpac Pty Ltd and casual employee definition
Volume 22 No 10 — December 2016
Bracing for the worst: the role of support persons in workplace investigations
Can the Fair Work Commission vary common law employment contracts?
Don’t touch my stuff: client legal privilege in employment law
Privacy in the workplace in the United Kingdom: when can an employer look at an employee’s personal correspondence?
Volume 22 No 9 — October 2016
Casual workers converting to permanent employees: what counts as “service”?
Social media postings out of work hours and employment
Supply chain transparency and liability
A plug for the ACT’s workplace protection orders
Volume 22 No 8 — September 2016
Brexit — what will it mean for UK employment law?
An ominous challenge to the concept of reasonable notice in the employment contract
Unfair contract terms and independent contractors: law applies to small business contracts
Volume 22 No 7 — August 2016
The High Court, adverse action and sick leave: High Court rejects CFMEU’s special leave application to challenge finding that adverse action not taken against an employee who took sick leave
Protected industrial action — recent Federal Court decisions on “common requirements” in s 413 of Fair Work Act
Volume 22 No 6 — July 2016
Future trends in the way we work: what are they and what are the lessons for employers?
The restriction on legal representation before the Fair Work Commission: an end without means
Volume 22 No 5 — July 2016
Future trends in the way we work: what are they and what are the lessons for employers?
The restriction on legal representation before the Fair Work Commission: an end without means
Volume 22 No 5 — June 2016
Dangers of unilaterally altering the position of an employee who exercises a workplace right: Federal Circuit Court orders significant payout in Tiy Loy decisions
The “risk” of future bullying: a Fair Work Commission decision that should not fly under the radar
Dangerous dismissals — termination of employment for failure to follow policies and procedures
Volume 22 No 4 — May 2016
Adverse action? Depressed employee could not meet inherent requirements of position: Kubat v Northern Health
Termination of employment and workplace investigations
Volume 22 No 3 — April 2016
The “right to disconnect” from work emails at home? France’s proposal to balance work and private lives
Directing an employee to attend a medical assessment — an infringement of fundamental human rights?
Bullying and sexual harassment — landmark award of damages for employer negligence: Mathews v Winslow Constructors (Vic) Pty Ltd
Labour hire companies cannot circumvent unfair dismissal laws
Volume 22 No 2 — March 2016
Procedural fairness and dismissal: BHP Coal Pty Ltd T/A BMA v Schmidt
Not independent enough: fiduciary duties imposed on independent contractors
Consistency between workplace sexual harassment laws — plus meeting community expectations when awarding general damages: Collins v Smith
Volume 22 No 1 — February 2016
Out of hours conduct: differing approaches between workers’ compensation, unfair dismissal and equal opportunity jurisdictions
Dispute resolution terms in enterprise agreements: is fair work commission private arbitrator?
High Court finds Full Federal Court’s construction of the sham contracting provision in Fair Work Ombudsman v Quest South Perth Holdings Pty Ltd too narrow
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