August 2021 Blog Posts (14)

Qantas decide to mandate COVID-19 vaccine for all staff

Following on from the introduction of a Compulsory Vaccine Policy introduced by SPC and the updated guidance from the …

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Added by Jonathan Mamaril on August 25, 2021 at 8:00 — No Comments

Flexible work isn’t really that flexible

Since the first wave of COVID in 2020, ways of working have rapidly evolved. We seem to have finally arrived at an equilibrium of flexible working, where employees are offered more freedom and choice than ever before, but is that really the case? Is there really even such a thing as a true part-time role anymore? 

Part-time workers were hit first and hardest when the pandemic started. The BBC shared a study…

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Added by Katriina Tahka on August 24, 2021 at 18:07 — No Comments

Fair Work Ombudsman change their tune regarding COVID-19 vaccines (a new 4 tier system)



The Fair Work Ombudsman have now released new guidance to allow Employers in certain circumstances to make compulsory and mandatory COVID-19 vaccine policies.

This is a major backflip from the previous guidance but aligns with what I and NB Lawyers…

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Added by Jonathan Mamaril on August 24, 2021 at 12:30 — No Comments

Using smart behavioural interview questions to gain candidate insights

“Using smart behavioural interview questions to gain candidate insights”

 

When you’re assessing candidates for…

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Added by Debbie Morrison on August 17, 2021 at 12:30 — No Comments

A slippery slope: WHS rights and adverse action

Under the general protections provisions of the Fair Work Act 2009 (Cth) (FW Act), employers are prohibited from taking adverse action against an employee (such as dismissing them from employment) because they have a workplace right or because they have exercised or chosen not to exercise that right.

Workplace rights can be any of the following:

  • a benefit, role or responsibility which is provided under a workplace law or instrument;
  • the…
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Added by Shane Koelmeyer on August 16, 2021 at 12:51 — No Comments

Privileged: FWC rejects Applicants’ claim to access investigation documents

The Fair Work Commission (FWC) has a broad power under section 590 of the Fair Work Act 2009 (Cth) (FW Act) to “inform itself in relation to any manner before it in such manner as it considers appropriate”. Under this general power, the FWC may inform itself by requiring the production of documents or records to the FWC (such as all documents or records relating to a dismissal process).

These types of orders will often require…

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Added by Shane Koelmeyer on August 16, 2021 at 12:30 — No Comments

Hiring and the human touch

Are software-driven candidate assessment tools a useful addition to the Executive recruiting process?

Candidate assessment tools have been used…

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Added by Debbie Morrison on August 12, 2021 at 12:30 — No Comments

SPC process their way to mandate COVID-19 vaccination for all staff and visitors (8 challenges for employers to consider)

Cannery manufacturing processor SPC has become the first Australian business outside of the prime areas of Aged Care, Child Care and Health to mandate COVID-19 vaccinations for all staff and visitors.

We have already provided guidance and viewpoints on this particular topic in the articles…

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Added by Jonathan Mamaril on August 5, 2021 at 15:00 — No Comments

Hit the brakes: Commission finds on-the-job feedback sufficient in warning employee about poor performance

In the unfair dismissal jurisdiction, the Fair Work Commission (FWC) is required to consider a number of factors under the Fair Work Act 2009 (Cth) (FW Act) when considering whether a dismissal was ‘harsh, unjust or unreasonable’.

One such factor is, if the dismissal is related to unsatisfactory performance of an employee, whether or not that employee was warned about their unsatisfactory performance before the dismissal.

In the recent…

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Added by Shane Koelmeyer on August 5, 2021 at 11:45 — No Comments

Direction needed: Court finds multiple breaches of general protections provisions

The Federal Circuit Court of Australia (the Court) recently ruled on an application brought by an employee alleging that three respondents had engaged in breaches of the Fair Work Act 2009 (Cth) (FW Act), including sham contracting and dismissing the employee because she was pregnant.

The First Respondent operated a business providing online directory services. The First Respondent was supported in its business by the Second Respondent and…

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Added by Shane Koelmeyer on August 5, 2021 at 11:42 — No Comments

Diamonds are not a girl’s best friend: Employee dismissed for exercising workplace right to take leave

The general protections provisions under the Fair Work Act 2009 (Cth) (FW Act) provide protections against adverse action which is taken for a prohibited reason. Prohibited reasons for taking adverse action include situations where a person has a workplace right and exercises (or proposes to exercise) that right. Workplace rights include the right to utilise leave entitlements under the FW Act.

In Tapping v Empress Diamonds Pty Ltd ATF Empress…

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Added by Shane Koelmeyer on August 5, 2021 at 11:00 — No Comments

How to get your business “Olympic ready” for the Brisbane 2032 Olympic Games? (6 employment law obligations you need to be aware of)

A big announcement was made recently as Brisbane, Queensland, Australia was awarded the right to host the Olympic Games in 2032.  This is an amazing result – with the thoughts of the tourism that it will attract and the world’s best athletes frequenting places like the “Gabba”. 

What gets missed out in the conversation is the more than decade…

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Added by Jonathan Mamaril on August 5, 2021 at 8:00 — No Comments

How to make a modern award? Menulog attempts to formalise the gig economy industry – 3 steps to consider for emerging industries and employers

Food delivery business Menulog has recently commenced an application[1] in the Fair Work Commission (the Commission) to make…

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Added by Jonathan Mamaril on August 4, 2021 at 8:00 — No Comments

The five signs of leadership exhaustion

For over a year now, the pandemic has caused highly disruptive change to businesses worldwide. This constant state of stress and uncertainty has taken its toll, so much so that we are now seeing a new challenge on the rise, leadership exhaustion.

Could you or your team be feeling the effects of it? Here are five signs of leadership exhaustion.

1. Decision…

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Added by Mark Brand on August 3, 2021 at 15:30 — No Comments

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