All Blog Posts (3,617)

Your employee just resigned – now what? 6 legal issues for employers and HR to consider



While many employees return to the office energized and refreshed for the new year, there is a minority where the new year break has crystalised or increased their dissatisfaction with their current roles.

It is not uncommon for frontline…

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Added by Jonathan Mamaril on January 19, 2022 at 10:30 — No Comments

7 ways to keep your clients happy

Working directly with people has always been challenging. And even if there are many ups and downs of client relationships, it's still up to all businessmen and women to succumb through all the difficulties and work on building a healthy company-client relationship. There are many reasons behind the faulty and wavy company-client relationship, but in order for your business to thrive, you must maintain a satisfactory and healthy relationship with the clients at all times. But how to…

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Added by Neil White on December 30, 2021 at 11:26 — No Comments

4 of today’s major human resources challenges for employers

As we head into another new year the effects of COVID-19 on the workplace and in particular employment law has been widely felt.  Even for those industries and companies who are seeing growth opportunities now, the initial impact had many in precarious and uncertain positions.  The team at NB Lawyers – lawyers for employers assisted a number…

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Added by Jonathan Mamaril on December 23, 2021 at 13:00 — No Comments

Coronavirus Impact on Marketing, eCommerce & Advertising - Stats Roundup

The slowdown in economic growth directly affects the volume of the global advertising market. And we all know that the coronavirus pandemic has a big impact on the global economy. How does this affect the advertising market and eCommerce? In this article, we will look at the statistics. How much did the corona affect these spheres, as well as how much does it continue to affect? What has changed since the beginning of the pandemic, and what are the…

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Added by Emily Wilson on December 22, 2021 at 20:21 — No Comments

7 important safety actions SMEs should implement before returning to travel

Businesses are starting to plan their travel for 2022, however as the pandemic continues and new variants emerge, travel will remain a complex, yet doable business activity. As a result, a business travel expert says pre-planning and risk assessment to prioritise traveller safety and minimise disruptions must be a greater priority for businesses before resuming travel.

Despite promising vaccination rates, the threat of the pandemic remains, and the new Omicron variant has thrust…

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Added by Tom Walley on December 22, 2021 at 7:52 — No Comments

Mask up: Commission finds mask mandate to be a lawful and reasonable direction

Employees have a duty to comply with lawful and reasonable directions from their employer. In the current COVID-19 context, a key concern for employers is whether it is lawful and reasonable to issue directions related to safety matters arising from the pandemic.

In measuring the reasonableness of a direction, the Fair Work Commission (FWC) has demonstrated its regard to the particular circumstances of the case in the recent decision of Watson v National Jet…

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Added by Shane Koelmeyer on December 22, 2021 at 7:39 — No Comments

Talk before you walk: Lack of consultation rendered mandatory vaccination requirement unreasonable

Consultation with employees always plays an important part when introducing changes in the workplace. Under work health and safety (WHS) legislation, employers have a duty to consult with their workers as far as reasonably practicable in relation to health and safety matters.

In Construction, Forestry, Maritime, Mining and Energy Union & Anor v Mt Arthur Coal Pty Ltd T/A Mt Arthur [2021] FWCFB 6059, the Full Bench of the Fair Work Commission…

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Added by Shane Koelmeyer on December 22, 2021 at 7:35 — No Comments

SMEs taking to the skies critical to staving off 2022’s ‘great resignation’

SMALL and medium-sized enterprises (SMEs) are the backbone of the Australian economy, and with 2022 looking like the eye of the storm when it comes to the much-anticipated ‘great resignation’, there has never been a more critical time for SMEs to take to the skies to both retain and win new talent.

In a recent report, Microsoft found that 41 per cent of the global workforce is likely to consider leaving their current employer within the next year, with 46 per cent planning to make a…

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Added by Tom Walley on December 16, 2021 at 10:10 — No Comments

Why is inclusion important and other frequently asked questions

If you are a leader and you’re wondering ‘why is inclusion important’ then I want to take my hat off to you because you are taking a step in the right direction towards increasing inclusion within your workplace. 

Creating an inclusive environment is one of the number one priorities of leaders the world over. 

There are a…

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Added by Maureen Frank on December 13, 2021 at 12:00 — No Comments

Multi indicia test - employee or independent contractor?

Recently I prepared a comprehensive employment law thesis involving the employment status of three gig economy workers engaged by three different online food delivery companies in Australia. The three cases were Amita Gupta v Portier Pacific Pty Ltd; Uber Australia Pty Ltd t/a UberEATS (2020); Diego Franco v Deliveroo Australia Pty Ltd…

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Added by Emir Montazer (CAHRI) on December 9, 2021 at 20:00 — No Comments

An offer you can refuse: Offers of alternative employment in redundancy cases

In most cases of redundancy, employers have an obligation to consult with affected employees about the proposed redundancy and consider whether or not anything can be done to mitigate or minimise the impact on the employee, such as redeployment or obtaining other acceptable employment for the employee. 

The terms “redeployment” and “obtain other acceptable employment” are often used interchangeably but derive from different sources within the Fair Work Act 2009 (FW…

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Added by Shane Koelmeyer on December 9, 2021 at 9:25 — No Comments

Time goes by so slowly: FWC finds that employee’s employment ended at end of fixed term and was not dismissed

Access to the unfair dismissal jurisdiction under the Fair Work Act 2009 (Cth) (FW Act) is on the basis that the employee is “dismissed” from the employment. A jurisdictional objectional can be raised if the employee has not been actually dismissed by the employer.

Subsection 386(2)(a) of the FW Act provides that an employee who was employed for a specified period of time, specified task or for the duration of a specified season and where that employment was…

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Added by Shane Koelmeyer on December 9, 2021 at 9:25 — No Comments

What Is the Main Purpose of IT Outsourcing?

The majority of people choose to handle their company’s IT services by outsourcing. The concept of outsourcing is an umbrella term on its own. There are:

  • Offshoring
  • Nearshoring
  • Onshoring
  • Multi-sourcing

This division is based on the physical location of the team/experts that your company is outsourcing to but there is a lot of other things to consider as well. In order to decide what kind of outsourcing is right for you, as well as whether…

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Added by Daniel Brown on December 1, 2021 at 17:40 — No Comments

Council says serious safety breach warrants termination: 2 garbage collectors pay a hefty price (3 lessons for councils)

A 62 year old with 42 years of service with the City of Sydney Council challenged his dismissal which cost him (amongst other things) a $70,000 entitlement.  The Commission however found in favour of the Council citing the safety breaches had potential consequences for “catastrophic and avoidable” injuries.

In Hamlin v City of…

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Added by Jonathan Mamaril on November 24, 2021 at 8:00 — No Comments

Performance management – 3 tips for all people managers and HR



Performance Management is coming into sharp focus for a number of organisations

As we start to come “back into the office”, understand the practical and financial impact of pandemic, COVID-19 and vaccinations and begin either a restart of business progress or a continuation of growth the issue of people and performance management has become ever more increasingly important.

A number of organisations have been in contact with …

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Added by Jonathan Mamaril on November 22, 2021 at 16:00 — No Comments

Compliance is a must: Employer and director ordered to pay penalties for failure to comply with compliance notice

The Fair Work Ombudsman (FWO) regularly engages in enforcement action for contraventions of the Fair Work Act 2009 (Cth) (FW Act). Such enforcement action includes issuing infringement and compliance notices, entering into enforceable undertakings or commencing litigation against companies and others involved in contraventions.

In the Fair Work Ombudsman and Registered Organisations Commission Entity Annual Report 2020-21 (the…

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Added by Shane Koelmeyer on November 17, 2021 at 17:13 — No Comments

No way, know how: What is the difference between confidential information and “know-how”?

During the course of the employment relationship, employees will inevitably gain knowledge or be exposed to information about the employer’s business that is considered confidential to its operations and which the employer does not want to be put out into the public domain.

It is for this reason that many employment contracts, particular for senior employees who have more exposure to such information, will contain clauses that aim to protect the employer’s confidential information and…

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Added by Shane Koelmeyer on November 17, 2021 at 17:13 — No Comments

Under suspicion: Commission finds employer’s suspicion of an employee’s misconduct was not a valid reason for dismissal

If considering taking disciplinary action due to an employee’s misconduct, it is critical that an employer makes a decision based on wrongdoing as opposed to a mere suspicion of wrongdoing. It may be first necessary to conduct an investigation in order to ascertain whether an allegation of misconduct can be substantiated before commencing disciplinary action.  

Termination of an employee’s employment on the mere suspicion of misconduct rather than any actual misconduct is likely to…

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Added by Shane Koelmeyer on November 17, 2021 at 17:12 — No Comments

Human behaviour specialist: Face-to-face critical to business recovery

Co-founder of the Behaviour Report, Dan Gregory, has said that face-to-face meetings, company events, and conferences will be critical for business recovery as parts of the country begin to exit prolonged lockdowns.

The human behaviour specialist was a keynote speaker at Australia’s premier corporate industry event, Illuminate 2021, hosted by the Flight Centre Travel Group, and enlightened attendees with what drives beliefs, behaviours and belonging.

“Every generation has a…

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Added by Tom Walley on November 10, 2021 at 16:30 — No Comments

How to create an inclusive environment: 6 essential tips for every leader

For forward-thinking and dynamic organisational leaders, creating an inclusive environment is essential to ensuring every employee feels welcomed

The research tells us time and time again that creating a sense of belonging is imperative if you want to: 

  • Leverage the benefits of diversity 
  • Encourage innovation 
  • Ensure…
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Added by Maureen Frank on November 9, 2021 at 15:00 — No Comments

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