Shaken, not Stirred? Protecting Your Business Against Employee Espionage

"BlueScope Steel stung by alleged corporate espionage" read the headline on the front page of the "The Age" newspaper last Saturday. The article that follows describes the alleged "international espionage" by former employee of Bl...

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High Court Closes Loophole on Independent Contractors

In a unanimous judgment, the High Court has ruled that employers cannot avoid the sham contracting provisions in the Fair Work Act 2009 (Cth) through the use of third-party labour hire arrangements. In Fair Work Ombudsman v Qu...

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Racial Discrimination – Liability Where Failure to Act on Complaints

Employers who fail to adequately respond to complaints about racist, offensive or otherwise discriminatory conduct in the workplace may be vicariously liable for the conduct even if other preventative steps it takes are exemplary....

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Get Ready, Offset, Go! Modern Award Absorption Clauses to Go

Since their commencement on 1 January 2010, all Modern Awards have had a standard clause 2.2 which allows employers to absorb monetary obligations imposed by the Modern Award into over award payments (Absorption Clause). This c...

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Full Bench Considers Child Protection Legislation in Denying Unfair Dismissal Claim

Here, we provide an update on the case featured in Lessons Learned From Teacher Unfair Dismissal Claims  about an interesting decision involving a school religious education coordinator ("GM") who was suspended and stood down by...

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The New Rules on Annual Leave for Award Covered Employees

In a decision that received relatively little media attention recently, the Fair Work Commission ("FWC") has made a significant ruling that will affect annual leave entitlements and how excessive annual leave accruals may be deal...

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