Australia: The federal Modern Slavery Bill becomes law

The Modern Slavery Bill 2018 (Cth) (Bill) was passed into law on 29 November 2018. It is expected to commence in January 2019. The Bill creates an ongoing obligation for ‘Reporting Entities’ to file a modern slavery statement (Statement) – being a report on the steps the entity has taken to assess and address risks of modern … Read more

Is there a role for ADR in employment disputes?

The Global Pound Conference (GPC) Series is a unique and ambitious initiative to inform how civil and commercial disputes are resolved in the 21st century, collating views from over 4000 people at 28 conferences spanning 24 countries worldwide. Herbert Smith Freehills teamed up with PwC, IMI (International Mediation Institute) to identify key insights emerging from the extensive … Read more

Australia: Important interim order in a bullying application

A recent decision in the anti-bullying jurisdiction of the Fair Work Commission has highlighted the (potentially complicated) interaction between bullying complaints and an employer's internal investigation process. In Lynette Bayly [2017] FWC 1886, the Commission made an interim order staying an employer’s internal investigation of a complaint (that is, preventing the employer from finalising a draft investigation report), … Read more

Australia: Employee investigation reports not always privileged

In brief A recent decision of the Federal Circuit Court serves as an important reminder for employers to ensure that lawyers are properly engaged and that employers receive advice relating to the maintenance of privilege over documents. In the case of Bartolo v Doutta Galla Aged Services Ltd [2014] FCCA 15171 (Doutta Galla), the Federal … Read more