A recent decision of the NSW Industrial Relations Commission (NSW IRC) has highlighted one of the pertinent issues currently being faced by employers – that is, to what extent an employer is entitled to require or request an employee provide them with personal medical information.

An employee’s (or any individual’s) health information is generally provided with a higher level of privacy protection under Australia’s privacy laws given its highly personal nature. As a…

Have you ever thought about the level of purpose in your work and life?

The disruptions of late may have prompted you or your people to reflect on why you do what you do, and it’s unsettling if you’re drifting…

Under the Fair Work Act 2009 (Cth) (FW Act), whether an employee’s dismissal was procedurally fair is a key factor in determining whether the dismissal was unfair. Procedural fairness requires an employee be given an opportunity to respond to or explain an allegation put to them by their employer. The employer must consider that response or explanation before deciding the disciplinary penalty – eg: a warning, or termination of employment.

In Bostock v…

It is no secret that workplaces need an inclusive, people-centric culture to thrive. This begs the question; why do toxic work cultures still exist, and more importantly, what can we do to fix it?

Toxic workplace culture remains one of the key reasons that high performers leave their jobs and, in most cases, will have a negative flow through…

Under the Fair Work Act 2009 (Cth) (the FW Act), employers are prohibited from requesting or requiring full-time employees to work more than 38 hours per week, unless those additional hours are reasonable.

When considering the reasonableness of additional hours, section 62(3) of the FW Act provides a list of factors which are to be taken into account, such as whether there would be a risk to the employee’s health and safety, the employee’s personal…

The selection of John Barilaro to a trade job in New York has focused attention on recruitment and selection practices both specifically in relation to that appointment and more generally. Whilst the selection appears 'unusual ' this blog post more broadly canvasses best practice in this area. As a now retired head of HR I came to understand that staff selection and promotion is more important than breathing.

A quality selection exercise is a great return on the investment. A sloppy…

The dental industry is constantly battling against its public image, both in attracting patients, and attracting staff. This article looks at the special circumstances faced by the industry in attracting staff, and makes some suggestions for owners and managers of dental practices.

The Dental Industry

Over a long period…

In the post COVID-19 environment, one of the most common issues faced by employers is facilitating the return of employees to the office or normal workplace. In particular, many employers have been required to deal with increased reluctance by employees to return to the workplace following lengthy periods of working from home.

One of the things that an employer can (and should) do to minimise disputes about work locations is to make it clear from the outset of the employment…

Medical examinations are often used by employers to assess the fitness and capacity of employees, particularly when the employee is returning to work after a non-work-related injury. Issues may arise when employees refuse to attend medical examinations.

In Sidhu v Aldi Stores (A Limited Partnership) [2022] FedCFamC2G 239, the Federal Circuit and Family Court of Australia (the Court) found that adverse action was not taken against an employee because he…

The Fair Work Commission has recently announced their decision regarding minimum wage and award rate increases which will come into effect on 1 July 2022. Here’s what you need to know:

National Minimum Wage 

The National Minimum…

A recent decision of the Federal Circuit and Family Court of Australia (the Court) has reaffirmed the standard of proof that is required to disprove allegations of unlawful adverse action under the Fair Work Act 2009 (Cth) (FW Act).

Section 361 of the FW Act states, where an allegation of unlawful adverse action is made, it will be presumed that the action was, or is being, taken for the unlawful reason, unless the person proves…

Respect is one of those words we use so often we rarely pause to consider its meaning. It describes an attitude, yet its latin root, specere, to look, indicates that this is really a form of attention.

To be respectful is to attentively incline oneself towards the other in recognition of their autonomy and integrity.

There is no one we can respect and simultaneously try to change. When we coerce or…

As the mobile coffee cart in the office building foyer splutters back to life again, the word is out – the workers are coming back.  Or are they?

Anxiety may be rising for some still in woolly onesies slumped in front of a warmed up computer dreading the new order.  It’s time.  Time to review the WFH policy.

Working from home has been a much, welcomed condition for approximately the last 2 years.  Spare bedrooms have been converted to office space, wardrobe doors have become…

Effective recruitment practices are at the heart of every successful business and as we enter a new era of post-covid people practices, taking a fresh look at how we recruit; and specifically what qualities we are looking for, has become more important than ever. 

As part of our in-house professional development strategy, we…

In a recent decision, the Fair Work Commission (FWC) has applied the test recently confirmed by the High Court of Australia in CFMMEU v Personnel Contracting Pty Ltd [2022] HCA 1 and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (the High Court Decisions), in distinguishing between employees and contractors.

The High Court Decisions confirmed that the distinction must be made by reference to the rights and obligations of the…

The question of whether a demotion will constitute a dismissal under the Fair Work Act 2009 (Cth) (FW Act) was considered by the Full Bench of the Fair Work Commission (Full Bench) NSW Trains v James [2022] FWCFB 55.

The matter was referred to a Full Bench on appeal from the first instance decision of Deputy President Saunders in James v NSW Trains [2021] FWC 4733 (First Instance Decision) who found that the…

As companies struggle to fill open positions, they are turning to social media to find new talent. But performing DIY background checks may not be very helpful when screening for quality candidates. Read further to know the top five tips to hire top talent faster and more efficiently.…

Developing your cognitive skills is now considered as vital as the early morning workout if you want to get ahead in the future world of work.

Many people are dedicated to training their bodies daily to get them match fit, but it is just as important to train your brain, especially when operating in today’s workforce which is becoming increasingly fast-paced.

Whether it’s suggesting to staff a morning crossword, a daily brain teaser, or an attempt at the…

For the food & beverage and manufacturing industries, the COVID-19 pandemic created widespread challenges —everything from a surge in demand for food and beverage products, the manufacture and supply of packaging, raw materials and ingredients to staffing, distribution and logistics.

Rampant illness…