Latest in IR & Employment

Tough but Fair

01/07/2010 (in Latest in IR & Employment, News, Published Articles, eLibrary)

Employers, employees and unions must negotiate an enterprise agreement (EA) in good faith. In past articles, I have suggested that the US position – that any direct communications with your workers when there is a bargaining representative for the workers is unlawful – will not be followed in Australia

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To pay or not to pay – meeting requirements to avoid severance payments

01/07/2010 (in Latest in IR & Employment, News, Published Articles, eLibrary)

In Allman v Teletech International Pty Ltd, the Federal Court heard call centre workers for outsourcing service provider Teletech were made redundant after Telstra cancelled a key contract.

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Sign Up or Suffer the Consequences – Employment Threats in the Workplace

01/07/2010 (in Latest in IR & Employment, News, Published Articles, eLibrary)

Making threats to employees to sign individual employment contracts is clearly foolish and bad business practice.

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Office Romance: Is She Really Going Out With Him?

01/07/2010 (in Latest in IR & Employment, Legal Articles, News, eLibrary)

Office romance is a topic which grabs attention. The enticing prospect of romance in the workplace sparks interest amongst work colleagues, and panic among workplace lawyers.

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Controlling worker’s behaviour outside work – yes we can!

01/07/2010 (in Latest in IR & Employment, Legal Articles, News, eLibrary)

In the 20 years that I have practiced, there has been consistent case law precluding disciplinary action against a worker for out-of-work-behaviour. But now the world has changed. The recent case of Kolodjashnij v Boags cements the change in limited circumstances.

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How to avoid being subject to an unfair dismissal claim

01/07/2010 (in Latest in IR & Employment, News, Published Articles, eLibrary)

An employee’s disregard for safety doesn’t mean you can terminate them!

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Fair Work Australia reinstates sacked worker despite safety breaches, cites employees poor job prospects

01/07/2010 (in Latest in IR & Employment, News, Published Articles, eLibrary)

Employer groups are furious with Fair Work Australia’s decision to order the reinstatement of a worker who was sacked because of “serious misconduct” relating to a health and safety breach, because of his family circumstances, length of service and poor job prospects.

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A FEW GOOD LAWYERS

01/07/2010 (in Latest in IR & Employment, Legal Articles, News, eLibrary)

The truth about engaging staff under the Legal Services Award 20101 (Legal Services Award) is not overly complex.

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Fair Work Act and OHS

01/07/2010 (in Latest in IR & Employment, News, Published Articles, eLibrary)

On 1 July 2009, the Australian industrial relations (IR) climate changed with the introduction of the Fair Work Act.

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The Aussie version of Good Faith Bargaining

23/03/2010 (in Latest in IR & Employment, Published Articles)

The Fair Work sceptics warned of Australia developing good faith bargaining laws akin to the US. They warned that it

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