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With the High Court expected to make a decision in Barclay v The Board of Bendigo Regional Institute of Technical & Further Education [2011] FCAFC 14, some employers have been asking the question, can performance still be managed? Or has the combination of the reverse onus of proof provisions and the breadth of the definition of 'workplace right' in the Fair …
The Victorian Supreme Court has dismissed an appeal by an employer seeking recovery of a redundancy payment mistakenly paid to a former employee: TRA Global Pty Ltd v Kebakoska [2011] VSC 480.
Background
Ms Kebakoska was employed as National Operations Manager of TRA when her position was made redundant. On termination of her employment, and in addition …
The Victorian Equal Opportunity Act 2010 commenced operation on 1 August 2011.
Not a lot has really changed compared with the Equal Opportunity Act 1995 (Vic), and some of the changes (such as the new exceptions regarding accommodation that is unsuitable for children, school dress standards and discrimination in employment in religious schools on the basis of certain …
Three recent decisions concerning the 'general protections' provisions of the Fair Work Act 2009 (Act) demonstrate the importance of an applicant demonstrating a causal connection between 'adverse action' and a 'workplace right'.
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Welcome to the Spring edition of the Fire & Emergency Services Update. Once again we have chosen some articles written by team members that are relevant to the work carried out by emergency services. We have also taken the opportunity to promote our upcoming ESO seminars in Sydney and Melbourne.
We hope you find the update interesting and thought provoking.
To view the full …
In an important decision, the Federal Court has held that the Independent Contractors Act 2006 (Cth) (Act) does not permit a Court to make an order varying an unfair contract with effect from a date prior to the making of the order: Informax International Pty Ltd v Clarius Group Limited (No 2) [2011] FCA 934.
Background
The Act permits …
The Federal Court has recently overturned a decision of Fair Work Australia (FWA) which, among other things, allowed an employee to pursue an unfair dismissal application despite agreeing with his former employer to settle the dispute in an out-of-court settlement: Australian Postal Corporation v Gorman [2011] FCA 975.
Background
Mr Gorman had been …
Agencies will need to address the changes to the Public Interest Disclosures Act which commenced on 1 July. In addressing the new law, agencies also need to be aware of impending changes introduced by the new Coalition Government which are likely to be enacted when Parliament resumes in August....
Councils will need to address the changes to the Public Interest Disclosures Act which commenced on 1 July. In addressing the new law, councils also need to be aware of impending changes introduced by the new Coalition Government which are likely to be enacted when Parliament resumes in August...
