Category Archives: Employment Law

Public holidays and Employment

Under the National Employment Standards (NES), employees have an entitlement to a paid day off on a public holiday unless it is reasonable to ask an employee to work. Many businesses remain open over public holidays and need employees to … Continue reading

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Filed under Employment Law, Weekly Columns

Casual or Permanent

Most casuals know from week to week whether they will be offered more work.  That however does not mean that only those employees that do not know, would be treated as casual. It is the informality, uncertainty and irregularity that … Continue reading

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Filed under Employment Law, Weekly Columns

Does a Written Contract Make You a Contractor?

Independent contractors are usually self-employed and accordingly are their own boss – providing their own tools, deciding which jobs to take on, being paid to achieve a result and bearing the risk of non-payment. Employees on the other hand are … Continue reading

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Filed under Business Law, Employment Law, Weekly Columns

When a Good Reason Just Isn’t Enough

The Christmas/New Year period provides employees with an opportunity to celebrate the year that has passed. Employees can ‘forget’ the appropriate conduct required of them, particularly when alcohol is involved and when functions are held offsite and outside normal working hours. … Continue reading

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Filed under Employment Law, Weekly Columns

BYO Device

It is becoming more common for employers to be asked by employees to connect their personal devices such as smart phones, laptops and tablets to the employers’ IT systems. The convenience, flexibility and potential productivity gains make allowing an employee … Continue reading

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Filed under Employment Law, Weekly Columns

The Elephant in the Room

The Australian managing Director of Rio Tinto, David Peever says that the Fair Work Act is the elephant in the room when it comes to the productivity debate in Australia. Heather Ridout, who used to be the head of the … Continue reading

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Filed under Employment Law, Weekly Columns

Taking drug testing a wee bit far

Employers have an obligation under the Work Health & Safety Act to ensure, so far as is reasonably practicable, the health and safety of workers. One of the increasing areas of concern is drug and alcohol use which affects a … Continue reading

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Filed under Employment Law, Weekly Columns

What Type of Employment Contract Should I Use?

There are many different ways for an employer to engage an employee, so it is vitally important that the employment contract correctly reflects the actual employment relationship. Various employer/employee relationships Employees are generally engaged on a: full-time part-time, or  casual … Continue reading

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Filed under Employment Law, Weekly Columns

Can Staff Training Protect Your Business?

Most employers implement policies and procedures to minimise liability which may arise from their employees’ actions. It is also important for employers to make their employees aware of the policies, train and implement them into the workplace, and penalise employees … Continue reading

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Filed under Employment Law, Weekly Columns

WHS or OH&S

In 2009 Safe Work Australia, a national statutory body was given the job of nationalising state occupational health and safety laws.  This was designed to harmonize the laws across the various jurisdictions. On 1 July 2012, the Work Health & … Continue reading

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Filed under Business Law, Employment Law, Weekly Columns