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Public Interest Disclosures Act Changes for Councils: eAlert July 2011

July 2011

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...

Planking and its implications

June 2011

Planking is a new worldwide fad which is particularly popular in Australia. It commonly involves a person lying face down in an unusual or incongruous location, taking a photograph of the stunt, and then publishing it on a social networking website. It has recently received significant media attention which may in part have increased its popularity.

Restraint enforced to protect employer and investors

June 2011
PDF – 396KB

The Seven Network recently achieved partial success in enforcing a restraint against a senior executive, James Warburton. The restraint was enforced in order, among other things, to protect the interests of investors and the confidential information of the employer: Seven Network (Operations) Limited & Ors v James Warburton (No 2) [2011] NSWSC 386. 

To view full update, please download the PDF

Hefty Compensation Award for an "Act of Political Retribution": Update March 2011

March 2011
PDF – 542KB

In 2005 David Carey started work as the General Manager of Community and Corporate Services at the Douglas Shire Council. At a Council meeting in 2008 a motion terminating Mr Carey’s contract of employment was passed. No reasons were given for the termination in the letter the Council CEO sent to Mr Carey notifying him of this decision. 

Mr Carey subsequently made a complaint …

Employer entitled to dismiss employee for serious breach of safety rules

March 2011

In a rare decision since the formation of Fair Work Australia, a Full Bench of Fair Work Australia (Full Bench) has upheld an employer's right to dismiss a worker guilty of serious misconduct for breaching safety rules. In doing so, the Full Bench took the unusual step of overturning a Commissioner's decision that reinstated the employee despite his safety breach and instead found the dismissal to be fair. (Parmalat Food Product Pty Ltd v Mr Kasian Wililo) [2011] FWAFB 1166).

FWA Stops Union Right of Entry to Employee Lunch Room: E-Alert January 2011

January 2011

FWA Stops Union Right of Entry to Employee Lunch Room

A majority of a Full Bench of Fair Work Australia (Full Bench) has found that an employer is entitled to require a union official to conduct discussions with employees away from the employees' lunch room.  In doing so, the Full Bench held that the employer is entitled to take into account the fact that certain employees may not wish to participate in discussions when determining the location of employee discussions: Somerville Retail Services Pty Ltd v AMIEU [2011] FWA FB 120.

Tags: employment

Redundancy, redeployment and retrenchment: E-Alert December 2010

December 2010

Redundancy, redeployment and retrenchment: Fair Work Australia lays down the law

A full bench of Fair Work Australia (FWA) has recently provided guidance on an employer's obligations under section 389 of the Fair Work Act 2009 (FW Act).  Of particular relevance to local government in Victoria is the relationship between the redeployment requirements of this provision, and the 'appointment on merit' provisions of the Local Government Act 1989 (Victoria) (LG Act

Tags: employment

Employment, Safety & People Update: November 2010

November 2010
PDF – 2MB

In this issue we look at:

  • whether posting comments on Facebook constitutes a valid reason for dismissal;
  • the circumstances in which a casual employee may pursue a claim for unfair dismissal;
  • when it may be lawful to dismiss an employee who has been absent from work due to injury;
  • when a post employment restraint may be enforced, …

Employment, Safety & People Update: July 2010

July 2010
PDF – 850KB

Attached is the latest Maddocks Employment, Safety & People update. 

In this issue we look at the Federal Government’s much anticipated Paid Parental Leave (PPL) scheme. Parliament passed the Paid Parental Leave Act 2010 (Act) on 17 June 2010 and the national PPL system will commence on 1 January 2011. We also look at recent high profile occupational health and safety (OHS) decisions that confirm that employers have a strict duty to monitor, and respond quickly to any indications that bullying behavior is occurring in their workplace.

To view the full Update, please download PDF.  

Tags: employment

Employment, Safety & People: Update March 2010

March 2010
PDF – 839KB

In Quinlivan v Norske Skog Paper Mills, Fair Work Australia (FWA) held that the dismissal of a long-standing employee for failing to wear safety glasses was harsh and ordered reinstatement.

To view the full Update, please download PDF.

Tags: employment
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