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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.
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.
Case review 21/09/2022
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.
Restrictions on non-disclosure agreements to be imposed by the Victorian Government for sexual harassment claims in the workplace
The Victorian Government has announced that it will legislate to restrict the use of NDAs in workplace sexual harassment cases, potentially changing the management and resolution of sexual harassment claims. Employers and their insurers will need to consider the implications for the coverage of sexual harassment claims and how they are settled.
Do you want to be an independent contractor, or an employee?
The legal distinction between independent contractors and employees is often written about: not so often the question of whether a working doctor is better off as an independent contractor or as an employee. In this article, we explore what factors are relevant to doctors in deciding which way to go.
Proof of vaccination in Australia and employer obligations under the Privacy Act
It has become commonplace for employers to collect and store data relating to the vaccination status of their employees. When doing so, it is important for employers to be mindful of the obligations that may arise under the Privacy Act 1988 (Cth). In this article, we explain the scope and application of the Privacy Act in respect of information about employees’ vaccination status.
Employee fraud: recent developments in Australia
Unfortunately, Melissa Caddick is not Australia’s only corporate swindler. Fraudulent conduct in the workplace still occurs all too often and is incredibly costly for employers (financially and reputationally). Two recent, lesser-known cases concerning senior employees serve as timely reminders of the need to ensure appropriate checks and balances exist across a business to deter and detect unauthorised expenditure of company money.
Case review 17/05/2022
Industrial manslaughter laws in Australia: trends and implications
Many of Australia’s states and territories have passed legislation amending their respective work health and safety acts to include the offence of industrial manslaughter. In a recent common law development, Judge Cash QC of the Queensland District Court has sent a clear message to Queensland business owners that the responsibility to create and maintain a safe work environment is paramount.
Case review 17/03/2022
“What’s in a Name?” High Court of Australia confirms the Employee versus Independent Contractor Test
On 9 February 2022, the High Court of Australia altered the legal test used to determine whether a person is an independent contractor or employee at law, with the focus now on what the parties have agreed.
How will the proposed Respect at Work legislation impact Australian businesses?
With the #MeToo movement sparking a global discussion on sexual harassment and gender inequality, a key question became whether Australia’s legal and regulatory systems were fit for purpose, particularly in preventing and responding to workplace sexual harassment.