As noted in our 27 March 2023 Employment Note, the Assistant Minister for Competition, Charities and Treasury, Andrew Leigh MP (Leigh) recently requested advice from the Australian Competition and Consumer Commission (ACCC) about the competitive impacts of non-compete post-employment restraints. Leigh suggests that non-compete clauses in employment contracts hampers job mobility and wage growth, and … Read more

The Court of Appeal has ruled that an employer could not have claims from multiple claimants struck out on the basis of a technical breach of tribunal rules concerning Acas Early Conciliation certificate numbers. Early conciliation had been completed in respect of all of the claims, but the EC certificate number given on the claim … Read more

Employers should bear in mind that internal grievance investigation reports will usually not be privileged and so will be disclosable at tribunal. A recent EAT ruling held that the original version of an internal report, which was not privileged at the time it was prepared, did not later acquire legal advice privilege simply because comparison … Read more

The recent spate of cyber attacks and data breaches in Australia has renewed focus on the Australian Government’s ongoing review of the Privacy Act 1988 (Cth) (Privacy Act). The new Attorney-General, Mark Dreyfus, had already promised “sweeping reforms” and a suite of proposals before the end of the year. However, expectations – of both the … Read more

On 27 September 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022 (Bill) was introduced into the House of Representatives.  The much-anticipated Bill proposes to implement seven of the remaining legislative recommendations from the 2020 Jenkins’ Respect@Work Report. Read more

Since the onset of the pandemic, our global employment team has been monitoring the level and changing nature of risks around the world.  Whilst some trends have accelerated i.e. whistleblowing regulations, there are some new and important developments that pose significant employment risks. We have mapped these across the major financial centers using an interactive … Read more

In a recent Hong Kong District Court decision Chow Kai Yan v Kingsway Cars T Service Ltd [2022] HKDC 165, the Court confirmed that an employee who suffered a stroke at work had not sustained an “injury by accident” which would entitle him to statutory compensation under the Employees’ Compensation Ordinance (Cap.282) (ECO). This case … Read more

Workplace Relations Minister Tony Burke has taken his first step to limit the Australian Building and Construction Commission (ABCC) by stripping its powers “to the bare legal minimum” and introducing an interim building code. Read more