Jurisdiction: Australia

Updated HSF multi-jurisdictional guide to employee issues in business transfers

Employment law issues rarely determine the strategy for a multi-jurisdictional business acquisition, but they can certainly give rise to significant avoidable costs and delay if issues are not spotted in advance. In the Herbert Smith Freehills 2016 global survey, 57% … Continue reading

Leave a Comment

Filed under Jurisdiction: Africa, Jurisdiction: Asia, Jurisdiction: Australia, Jurisdiction: Cross-border, Jurisdiction: France, Jurisdiction: Germany, Jurisdiction: Middle East, Jurisdiction: Russia, Jurisdiction: Spain, Jurisdiction: The Americas, Jurisdiction: UK, TUPE

Australia: Dismissal for criminal convictions – The importance of proper identification of inherent requirements and considering mitigating factors

A recent report by the Australian Human Rights Commission (AHRC) reinforces the risks in dismissing an employee on the basis of past criminal convictions. Employers should exercise caution in dismissing an employee on the basis of their criminal record. It … Continue reading

Leave a Comment

Filed under Discrimination and equal pay, Jurisdiction: Australia, Termination of employment

Australia: WAIRC Full Bench declines to imply term of ‘reasonable notice’ in employment contracts

In the recent decision of Richards v Nicoletti [2016] WAIRC 00941, the WAIRC Full Bench has determined that there is no scope to imply a term of reasonable notice of termination in employment contracts. The applicant, Mr Richards, was a … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Termination of employment

Australia: Judicial vs. Arbitral Power – The Limits of the Fair Work Commission’s Jurisdiction

In brief A Full Bench of the Fair Work Commission (FWC) has delivered a significant decision which confirms that the FWC does not have jurisdiction to declare rights that already exist under the Fair Work Act.1 This decision is the … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia

Australia: Top 5 tips for employers when implementing GPS devices in company vehicles

GPS tracking devices in company vehicles are becoming increasingly valuable. Businesses can track driver routes, relevant customer locations and details of their requirements to enhance customer service. Recently, a bus operator installed GPS devices on smartphones to allow drivers to … Continue reading

Leave a Comment

Filed under Data protection, Jurisdiction: Australia

Australia: Long service leave in Western Australia – significant decision

The decision of a Full Bench of the WAIRC in Baker Hughes Australia Pty Ltd v Venier [2016] WAIRC 00843 delivered on Wednesday, 26 October 2016 is significant for employers whose employees transfer between different entities in a corporate group. … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Time off rights

Australia: What happens when a former employee didn’t realise they had been terminated?

One aspect of the Fair Work Act’s unfair dismissal regime which has been particularly contentious is the strict time limit for filing applications. Initially, the Act reduced that period to 14 days, but it was later extended to 21 days … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Termination of employment

Australia: Wage trends in enterprise bargaining – latest data

The latest 'Trends in Federal Enterprise Bargaining' report for June-September 2016, released by the Department of Employment last week, includes some interesting data.  In particular, Table 7 shows the average annual percentage wage increase by industry for enterprise agreements approved … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Remuneration

Australia: Reasonable notice update

A recent judgment of the District Court of South Australia has held that a term providing for termination on reasonable notice should not be implied into an employment agreement because of the application of the statutory minimum period of notice … Continue reading

Leave a Comment

Filed under Jurisdiction: Australia, Redundancy, Termination of employment

Australia: One size plaster cast does not fit all – Navigating the pitfalls of dismissing an injured or incapacitated worker

In brief Many employers will, at some point, be faced with the difficult task of terminating the employment of an employee who has been absent from work for some time and is no longer able to perform their job due … Continue reading

Leave a Comment

Filed under Discrimination and equal pay, Jurisdiction: Australia, Termination of employment, Workplace Health and Safety