Fiona McMillan

Australia

Science writer. Author, THE AGE OF SEEDS: How Plants Hacked Time and Why Our Future Depends on It. also at @[email protected]

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Articles

Employer ordered to pay $30,000 for disclosing employee’s drug test refusal

2 weeks ago | hcamag.com | Elisabeth Giles |Sarah Wadworth |Fiona McMillan |Andrew Shaw

Cummings subsequently undertook a drug test on 4 September 2020, which returned clear. Cummings returned to work after that, although the disciplinary process remained in place. Rumours about drug test It soon became apparent to Cummings that false rumours regarding the drug test and its outcome had spread amongst his colleagues. Cummings was confronted by a forklift driver who told him that she and others had heard that he was a drug dealer and had been dismissed from his job.
Clarifying collective bargaining - the latest from the Employment Court

1 month ago | hcamag.com | Helena Scholes |Sarah Wadworth |Fiona McMillan |Andrew Shaw

Collective bargaining allowed In early 2024, the Authority accepted the notice had been validly given because HPSNZ was an employer and TAC was a union within the context of the Employment Relations Act 2000. This meant that collective bargaining could be initiated and was not limited by the fact that the union had no current employees.
When someone is just not medically up to the job

2 months ago | hcamag.com | Fiona McMillan |Andrew Shaw |Andy Bell |Abby Lohrey

Frustration of employment agreement In the decision of DQJ v.
Difficult to recover loss when notice period clipped

Feb 7, 2025 | hcamag.com | Elisabeth Giles |Andrew Shaw |Fiona McMillan |Andy Bell

Enforceability of forfeiture clause address in recent Employment Court decision Employers seeking to recover damages from an employee who fails to work out their notice period need to meet a range of conditions for it to be enforceable. The Employment Court has recently determined that a clause requiring an employee to give one month’s notice of termination or, in the alternative, forfeit a month’s salary/wages (forfeiture provision) was unenforceable.
Dirty tactics could jeopardize court costs and reputation

Jan 10, 2025 | hcamag.com | Tamsin Woolf |Gwen Drewitt |Andrew Shaw |Fiona McMillan

Case serves as reminder that employers should be careful if choosing an advocate who isn’t member of regulatory body A recent case is a good reminder to choose advocates and lawyers carefully. Advocates who are members of the Employment Law Institute of New Zealand and lawyers are bound by certain ethical rules, while others are not.
Australia's industrial manslaughter offence - what can NZ expect?

Nov 15, 2024 | hcamag.com | Abby Lohrey |Gwen Drewitt |Andrew Shaw |Fiona McMillan

Proposed NZ legislation follows Australian trend criminalizing workplace fatalities Industrial manslaughter has recently become an offence in New South Wales and might not be too far away in New Zealand if we follow Australia’s lead. It’s a significant development for Australia’s workplace health and safety regime and carries hefty penalties of up to $20 million for a body corporate and 25 years of imprisonment for an individual.
Australia’s industrial manslaughter offence - what can NZ expect?

Oct 17, 2024 | lexology.com | Abby Lohrey |Gwen Drewitt |Andrew Shaw |Fiona McMillan |Andy Bell

Industrial manslaughter has recently become an offence in New South Wales and might not be too far away in New Zealand if we follow Australia’s lead. It’s a significant development for Australia’s workplace health and safety regime and carries hefty penalties of up to $20m for a body corporate and 25 years of imprisonment for an individual. It’s a timely reminder for businesses to ensure they are complying with their health and safety obligations.
Flexible working under the spotlight

Oct 4, 2024 | hcamag.com | Helena Scholes |Gwen Drewitt |Fiona McMillan |Andy Bell

Public sector looking to bring workers back to office, but employees can request flex work The laws governing flexible working arrangements are under the spotlight following a recent top-down Government directive for public servants to work from their workplaces. Finance Minister Nicola Willis has asked public sector department bosses to “tighten up on working-from-home arrangements,” stating that working from home arrangements are not an entitlement.
Flexible working under the spotlight

Sep 25, 2024 | lexology.com | Helena Scholes |Gwen Drewitt |Fiona McMillan |Andy Bell |Andrew Shaw

The laws governing flexible working arrangements are under the spotlight following a recent top-down Government directive for public servants to work from their workplaces.
Records of Settlement and capacity issues

Sep 25, 2024 | lexology.com | Tamsin Woolf |Holly Struckman |Andrew Shaw |Andy Bell |Fiona McMillan

While the threshold for overturning a Record of Settlement is high, a recent case highlights the importance of employers being mindful of mental capacity concerns when entering into settlement agreements. As an employer, it is prudent to take a moment to assess whether the employee has any known medical conditions that could affect their capacity or is exhibiting signs of distress or confusion beyond the usual stress associated with employment matters.