Employment Law for the Time Poor

January is a time where organisations often review their policies and procedures for best practice compliance.  One policy that might need a review, following recent case law developments, is your organisation's drug and alcohol policy.  In this episode of Employment Law for the Time Poor , Emily Haar, Partner, and Maida Mujkic, Associate, consider the implications for organisations arising from a...

Authors : Emily Haar, Ben Motro Has this happened to your organisation? You're negotiating an exit with an employee, or perhaps you are working through a conciliation or mediation following the filing of an employment-related claim, and you think you have a resolution, though nothing has been signed yet. You might wonder, do we have a binding or enforceable settlement, even without anything signed...

Employment Relations Podcast #41 – Understanding the Employment Law Considerations in Defence Export Controls Authors : Emily Haar, Erin McCarthy, Travis Shueard In this episode, we delve into the recent amendments to the Defence Trade Controls Act 2012 (Cth) and explore the implications for employment law and anti-discrimination issues.  Emily Haar is joined by Erin McCarthy and Travis Shueard to...

Employment Relations Podcast – Understanding the Australian Right to Disconnect Authors : Emily Haar, Lucie Lawrence-Wall The "right to disconnect" is commencing for most national systems employers on 26 August 2024 (small businesses have a further 12 months to get ready).  Does your organisation understand what this "right" actually is, and how it could impact your operations? In this episode of...

The United States is planning to heavily restrict the use of non-compete clauses in employment contracts, and the Australian Government has released an issues paper discussing the subject in the Australian context. In this episode of Employment Law for the Time Poor, Emily Haar, Prof. Andrew Stewart and Dustin Grant discuss the current state of the law on post-employment restraints, what proposals...

One of the few constants in life and business is change.  Come 1 January 2025, a significant shift will take place for national system employers when criminal wage theft provisions come into effect because of changes in the Closing Loopholes Reforms.  But what does "wage theft" mean, and in what circumstances will criminal prosecution occur? In this episode of Piper Alderman's Employment Law for t...

Following the 2018 Boland Review into the model Work Health and Safety provisions, workplace psychosocial safety has squarely been on the policy agenda.  Combined with recent changes as a result of the Respect@Work Report, the clear policy position, and expectation of society, is one of employers taking responsibility and being accountable for having workplaces that are both physically and psychol...

The recent High Court decision in Qantas v TWU [2023] HCA 27 focussed on the question of how the general protections in the Fair Work Act 2009 (Cth) work in circumstances where employees did not presently have particular workplace rights (in that case the right to take industrial action), but would have those rights in the future if not for the adverse action being taken.  While that analysis has...

Industrial manslaughter may soon be an offence in almost all Australian jurisdictions. Recent amendments in certain jurisdictions have also introduced the recommendation of the 2019 Boland Review to prohibit insurance and indemnities for WHS penalties.   In this episode of Employment Law for the Time Poor, join Emily Haar, Partner, and Joseph Hyde, Associate, for a review of the current status of...

Organisations have legal obligations to consult with their staff in particular situations.  But what does that actually mean?  In this episode of Employment Law for the Time Poor, join Emily Haar, Partner and Emily Slaytor, Special Counsel in a discussion around the requirements to consult flowing from work health and safety legislation, Awards and Enterprise Agreements.  They discuss how various...

It's summertime in Australia and things are winding down, right? Perhaps not!   In this episode of Employment Law for the Time Poor join the National Employment Relations team for a review of what was in 2022, and what may be to come in 2023, including: the Secure Jobs, Better Pay Act; the Respect@Work reforms; the prohibition of pay secrecy; Fair Work Ombudsman compliance measures; wage theft; th...

In this special bumper-edition of Employment Law for the Time Poor, join Professor Andrew Stewart, Consultant, and Emily Haar (Partner), as they discuss some of the key proposals arising from the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022, and how the changes, if passed, will impact organisations in every industry. The Bill proposes to significantly change how employers in...

In part two of our two-part special series of Piper Alderman's Employment Law for the Time Poor Podcast, join Emily Haar and Joe Murphy, Partners, and Emily Slaytor, Special Counsel, for a discussion about the Respect@Work legislative amendments to the legislation introduced to Parliament quite recently. 

In this first part of a two-part special series of Piper Alderman's Employment Law for the Time Poor Podcast, join Emily Haar, Partner, and Mark Caile, for a discussion about the Respect@Work Report from 2020, which ultimately led to a number of amendments to the Sex Discrimination Act which commenced in late 2021, and further proposed amendments to the legislation introduced to Parliament quite r...

Emily Haar, Partner, and Zoe McQuillan, Special Counsel, discuss the general protections under the Fair Work Act 2009 (Cth) – what are they, what does it mean to make a "complaint or inquiry in relation to your employment", and what are the reasons for a decision when there are multiple decision makers? Join them as they discuss the recent authorities on the issue, including Alam v National Austra...

Partner Emily Haar and Special Counsel Emily Slaytor for a catch up on the recent decisions of the Fair Work Commission relating to COVID-19 vaccination, which provide assistance for employers looking to implement their own policies (consultation is the top priority), or where having to navigate the requirements of vaccination health orders and directions. 

Partners Tim Lange and Joe Murphy discuss with Emily Haar what steps an employer can take in both implementing government mandates and internal policies, and also how to manage the scenario when an employee does not comply.

Partner Ben Motro and Senior Associate Emily Haar as part of this financial year's launch of the Employment Relations  Masterclass Training Series , discuss some of the tips they have picked up along the way in both conducting and advising on workplace investigations. 

Partner Erin McCarthy, and Senior Associate Emily Haar, as they discuss how the Fair Work Commission decision in  Lee v Superior Wood turned employers' understanding of the "employee records exemption" to the Privacy Act 1988 (Cth) on its head, and what the legal requirements are for collecting sensitive personal information, including health information, about employees. 

Partner Erin McCarthy, and Senior Associate Emily Haar, as they discuss three recent Fair Work Commission cases that deal with mandatory influenza vaccination policies.  Recent decisions give some insight into what the Courts and Tribunals may take into account when the first COVID-19 vaccination policy case occurs.

Partner Tim Lange, and Senior Associate Emily Haar, work through current employer exposure to civil and criminal liability for underpayments, including through the civil remedy provisions of the Fair Work Act 2009 (Cth), as well as new and proposed criminal provisions relating to "wage theft".

Emily Haar and Hannah Linossier discuss what organisations need to think about if they are considering making working from home a more permanent feature of their "COVID-normal" workplace, including work health and safety  considerations, contractual requirements, and how a remote workforce may impact on your organisational culture.

Chris Hartigan and Emily Haar discuss the particular requirements for implementing workforce change using the Job Keeper amendments to the Fair Work Act 2009 (Cth), in particular what "reasonable" might mean, and what consultation actually requires.  Employers should both be considering how they keep going right now, but also what change they might need to implement on a more permanent basis, part...

Tim Capelin and Emily Haar discuss how businesses can use the current goodwill and cooperative spirit in workplaces to help implement innovation and other workplace change, both now and after we emerge on the other side of the COVID-19 crisis. Things are moving rapidly, and employers need to be prepared for how they will exit "hibernation", bringing their employees with them into the new-normal.  ...

Erin McCarthy and Emily Haar provide an update on particular employment law issues that arise out of the present COVID-19 pandemic. Things are moving rapidly, and what was normal practice just two weeks ago, seems very different.  Erin and Emily discuss the confusion around whether personal/carer's leave is payable during a stand down, what the Fair Work Commission has been doing to vary Modern Aw...