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Article 11/30/2022
The State of the Union: will legislative changes take the sting out of industrial action?
As part of its 2019 manifesto, the Conservative Party pledged to address the disruption caused to passengers during transport strikes. Following this pledge, a number of legislative changes have recently been introduced or proposed which seek to reduce the impact of industrial action, thereby potentially weakening the position of trade unions, and we look at the impact of these measures in this article.
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Article 11/18/2022
FCA Policy Statement PS22/3 – ‘Diversity and inclusion on company boards and executive management’
On 20 April 2022, the FCA introduced new Listing Rules (LR) (LR 9.8.6R(9) and LR 14.3.33R(1)) which set board diversity targets and require that, as part of their ongoing listing obligations, in scope companies include a statement in their annual financial report detailing whether they have met the specified targets.
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Article 10/17/2022
Managing the risk of vicarious trauma from legal work
In this article, which was originally published in the Law Institute Journal, we explore a recent High Court case which considered the duty of care on law firms for lawyers exposed to vicarious trauma and the measures law firms need to implement.
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Article 10/04/2022
Competing interests: protection of transgender rights and freedom of religious beliefs - the UK perspective
There are workplace protections for people who identify as transgender in both the UK and Australia. In this series of articles, we will look at the tension employers face between these protections in the context of competing interests such as, in the UK, religious or philosophical beliefs.
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Article 10/04/2022
Competing interests: protection of transgender rights and freedom of religious beliefs - the Australian perspective
Continuing our series of articles on the tension between the protection of transgender rights and competing interests, here, we focus on the Australian perspective and how protection of transgender rights intersects with the implied right of freedom of political communication and anti-discrimination provisions for religious beliefs.
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Article 10/04/2022
The Australian Federal Government Jobs and Skills Summit 2022: What to expect next
In this article our employment experts discuss the focus of the Australian Government’s reform agenda following the recent Jobs and Skills Summit and what the pledges mean for employers.
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Case review 09/21/2022
Latest case on employee and independent contractor distinction
In a recent decision that particularly affects workers in the gig economy, the Fair Work Commission found that a Deliveroo rider was an independent contractor, and not an employee. The decision is a reminder to employers that comprehensive, written agreements assist significantly in the proper characterisation of worker relationships. In this article we review the decision and provide some key takeaways for employers.
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Case review 07/21/2022
Supreme Court clarifies holiday pay for employees with irregular hours
The Supreme Court has ruled the correct method to calculate holiday pay entitlement for an employee with no fixed working pattern, namely, on the basis of average weekly pay over a 12-week reference period ignoring weeks not worked. Here, we provide a brief overview of the conclusion reached by the Supreme Court in Harpur Trust v Brazel and offer initial observations.
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Article 07/19/2022
Future of work in Australia: Jobs and Skills Summit
In this article our employment experts discuss the focus of the Australian Government’s reform agenda, which is driven primarily by protecting and increasing the rights of employees. Any changes will have repercussions for employers and Australian working arrangements more broadly.
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Article 07/19/2022
Watch this space: Criminal charges laid against persons allegedly involved in unlawfully restructuring to avoid payment of employee entitlements
Over recent years there has been a groundswell of support for criminalising wage theft. Less widely appreciated however, is the existing ‘teeth’ afforded to regulators to pursue individuals involved in corporate restructuring that evades payment of employee entitlements. This article provides an overview of the legal framework and a current criminal prosecution in which a director and an officer are squarely accused of such criminal activity.