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 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.
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.
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.
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
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.
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
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.
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.