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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 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
Employees can claim automatic unfair dismissal (from day one of employment) where they are dismissed because they left or refused to return to work in circumstances of danger which they reasonably believed to be serious and imminent, and which they could not reasonably have been expected to avert. In its first Covid-related dismissal case, Rodgers … Read more
Before COVID-19 and the recent layoffs at Twitter Inc., the Worker Adjustment and Retraining Notification, or WARN, Act maintained a low profile; the act did not garner significant media attention, and cases alleging violations of the act were limited and largely routine. An explanation for this, at least in part, is that the WARN Act … Read more
The Hong Kong District Court has re-confirmed that ‘internal’ injuries suffered by employees are not compensable under the Employees’ Compensation Ordinance (Cap. 282) (ECO) if they are not caused by an accident that happened at work. This issue arose in a recent Hong Kong District Court decision 馮应培 v CHINA STATE – SHUI ON JOINT … Read more
What is the Code? The Victorian Fair Jobs Code is being introduced by the Victorian Government to ensure that suppliers tendering for Victorian Government procurement contracts and businesses applying for significant business expansion grants are treating their workers “fairly” and are abiding by industrial laws and relevant health & safety regulations. Under the Code, suppliers … 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
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
