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Natalie Gaspar joins Aoife Xuereb to discuss the Australian Federal Government’s proposed changes to employment and industrial relations, following the introduction of the Fair Work Legislation Amendment (Closing Loopholes Bill) 2023 (Cth). Natalie delves into how these reforms could impact employers in the consumer sector, including in relation to casual employment, fixed term contracts, wage theft compliance, gig-economy participants and … Read more
Recent cases have highlighted the importance of HR teams and managers having a basic knowledge of the types of challenges neurodivergent individuals can face in dealing with common recruitment and workplace processes and practices, but not assuming that everyone with a given condition will have the same difficulties. It will always be important to obtain … Read more
On 4 September 2023, the Federal Government introduced the Fair Work Legislation Amendment (Closing Loopholes) Bill 2023 (Cth) (Bill) in the House of Representatives. This Bill is significant, running to 278 pages and covering 28 distinct parts. It proposes reforms that will have a substantial impact on employers, employees, principals, and contractors. In many respects, the Bill … Read more
This month the Australian Human Rights Council (the AHRC) has published its Guidelines for Complying with the Positive Duty under the Sex Discrimination Act 1984 (Cth) (the Guidelines). These Guidelines are the AHRC’s comprehensive legal guidance on the duty, and the AHRC has indicated it will be using these guidelines to assess compliance. As you … Read more
As usual, the weeks before the Summer Parliamentary recess have seen a flurry of consultation announcements and legislative progress. Our round-up is below: Legislation Reforms to right to request flexible work: The Employment Relations (Flexible Working) Bill received Royal Assent on 20th July 2023. It requires regulations to be implemented, but once in force will: … Read more
Comments made by an interviewee in the course of an internal investigation, which are related to a protected characteristic such as disability but which are honest opinions relevant to the matters under investigation, will not amount to harassment simply because the subject of the comments is offended by them. The claimant will also have to … Read more
With increasing reports of sexual violence in Indonesia over the last three years, and the enactment of Law No. 12 of 2022 (the Sexual Violence Law), which created specific offences for sexual violence, Indonesia’s Ministry of Manpower saw the need to update their 2011 guidelines on sexual harassment in the workplace. The new guidelines were … Read more
In Higgs v Farmor’s School, a matter in which this firm acted for the Church of England as Intervenor, the EAT approved new guidance proposed by the Church when deciding whether the actions of employers in restricting the manifestation of a religion or belief and the free speech of an employee would thereby unlawfully discriminate … Read more
This article was updated on 5 September 2023. The pressure to better regulate psychological health in the workplace has been ever increasing since the release of Marie Boland’s independent Review of the model Work Health and Safety laws (Boland Review) in 2018, followed by Kate Jenkin’s Respect@Work Inquiry into Sexual Harassment in Australian Workplaces and … Read more
