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Oct 21, 2024 | 
mondaq.com | Rachel Bogardus Drew |Emily Trompf
On 1 October 2024, the Australian Human Rights Commission
Amendment (Costs Protection) Act 2024(the
Act)amends both the Australian Human Rights
Commission Act 1986 (AHRC Act) (and,
consequentially, the Federal Circuit and Family Court of Australia
Act 2021 (FCFCA Act) and the Federal Court of
Australia Act 1976(FCA Act)) following findings
from a national inquiry into workplace sexual harassment.
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Oct 3, 2024 | 
mondaq.com | Rachel Bogardus Drew |Emily Trompf |Sophie Wyatt
On 10 September 2024, the Queensland Government passed the
Respect at Work and Other Matters Amendment Bill 2024
(Qld) (the Bill). The Bill followed the
findings of the Respect@Work: National Inquiry into Sexual
Harassment in Australian Workplaces Report and the Building Belonging – Review of
Queensland's Anti-Discrimination Act 1991 which found
serious gaps between public understanding and the available
protections.
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Aug 14, 2024 | 
hcamag.com | Rachel Bogardus Drew |Rose Dimitrious |Kelvin Lee
Australian Privacy Principles govern use of personal employee information, but have exemptions
In general, an employer has a right to monitor an employee’s use of company property (e.g. a work computer), but there are limits to this right. Laws that relate to monitoring and surveillance vary across Australian states and territories and can be very complex.
This article considers the case of Madzikanda v.
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May 22, 2024 | 
hcamag.com | Rachel Bogardus Drew |David Chambers |Maud Beach
Decision not to offer new contract after series of rolling contracts was termination
In the recent decision of Warren George Francis v. Volunteer Marine Rescue Assoc Qld Inc [2024] FWC 978, the Fair Work Commission (FWC) has held that providing early notice of non-renewal for a fixed-term contract can constitute dismissal.
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May 8, 2024 | 
mondaq.com | Rachel Bogardus Drew |Kelvin Lee |Rose Dimitrious
In general, an employer has a right to monitor an employee's
use of company property (e.g. a work computer), but there are
limits to this right. Laws that relate to monitoring and
surveillance vary across Australian states and territories and can
be very complex.
This article considers the case of Madzikanda v Australian Information
Commissioner [2023] FCA 1445, which examines whether
monitoring an employee's use of company property breaches the
Privacy Act 1988 (Cth) (Act).
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May 7, 2024 | 
lexology.com | Rachel Bogardus Drew |Rose Dimitrious |Kelvin Lee
In general, an employer has a right to monitor an employee’s use of company property (e.g. a work computer), but there are limits to this right. Laws that relate to monitoring and surveillance vary across Australian states and territories and can be very complex. This article considers the case of Madzikanda v Australian Information Commissioner [2023] FCA 1445, which examines whether monitoring an employee’s use of company property breaches the Privacy Act 1988 (Cth) (Act).
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May 1, 2024 | 
mondaq.com | Rachel Bogardus Drew |Maud Beach |David Chambers
In the recent decision of Warren George Francis v Volunteer Marine
Rescue Assoc Qld Inc [2024] FWC 978, the Fair Work
Commission (FWC) has held that providing early
notice of non-renewal for a fixed-term contract can constitute
dismissal.
Mr Francis commenced employment with the Volunteer Marine Rescue
Association (the Respondent) as a State Training
Officer in January 2021 on a six-month contract.
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Apr 4, 2024 | 
mondaq.com | Rachel Bogardus Drew |Kelvin Lee
In the recent decision of Niccolo Pty Ltd v Sandro Drummond [2024]
FWCFB 101, the Full Bench of the Fair Work Commission
(FWC) held that a resolution of the shareholders
of a company to terminate a director from their offices was
ineffective to also terminate their employment as managing director
of the company.
What happened?
Sandro Drummond was a company director of Niccolo Pty Ltd
(Niccolo), a coffee business based in Melbourne.
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Feb 29, 2024 | 
mondaq.com | Rachel Bogardus Drew |Kelvin Lee |Maud Beach
[Update on 28 February 2024: The Fair Work
Legislation Amendment (Closing Loopholes No. 2) Bill 2023 received
Royal Assent on 27 February 2024. References to the Bill in this
article now refer to the Act and most of the planned changes will
commence this year.]
Last year ushered in many changes to the workplace, from the
Federal Government's Secure Jobs, Better Pay Act to the first
tranche of the Fair Work Legislation reforms (Closing Loopholes
Bill).
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Dec 19, 2023 | 
mondaq.com | Keisha M. Currie |Rachel Bogardus Drew
The increase in doctors prescribing medicinal cannabis to treat
a variety of medical conditions is a budding issue for workplaces. The central question is, can an employee use medicinal cannabis and
still safely perform their role?
It is undoubtedly a tricky area to manage and employers need to
proceed with caution. There are some key considerations that
businesses should explore before taking any action that may help
minimise the risk of a discrimination claim or similar.
