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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.
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Article 17/05/2022
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.
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Article 17/05/2022
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.
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News 10/05/2022
Record number of partner promotions reflect Kennedys continued growth in Australia
Global insurance and litigation law firm Kennedys has promoted six new partners in Australia, a significant share of the record round of 22 partner promotions worldwide that take effect from 1 May 2022. This is the largest round of internal promotions since Kennedys opened the first Australian office in 2006.
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Article 06/05/2022
Falling flat: a failure of anti-bribery procedures
With the case somewhat flying under the radar, on 14 April 2022, Southwark Crown Court was the venue for the recent sentencing of three corporates, who were all convicted of failing to prevent an associated person from bribing on their behalf under Section 7 of the Bribery Act 2010.
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Article 20/04/2022
Wellbeing in the workplace: the importance of promoting and supporting staff health and wellbeing
In June 2021, the Office for National Statistics reported that personal wellbeing in the UK during the first and second wave of the COVID-19 pandemic was amongst the lowest levels since the ONS started collecting data in 2011. Against this backdrop, and with COVID-19 disrupting the traditional methods of working, it is now more important than ever for organisations to support staff wellbeing whilst in the office and at home.
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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.
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Article 09/03/2022
Can an employer require the worker to be vaccinated?
The Covid-19 pandemic has undoubtedly demanded the entire world to take certain measures to adapt to the situation and Chile was no exception.
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Article 22/02/2022
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.
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Article 11/02/2022
Hong Kong’s new vaccine pass – impact on employers and employees
In response to the rising number of COVID-19 cases in Hong Kong, on 8 February 2022 the Hong Kong Government announced a further tightening of social distancing measures. It also set out details of Hong Kong’s new ‘vaccine pass’ (Vaccine Pass) which will mean only people who are vaccinated will be able to visit certain types of premises in Hong Kong (Scheduled Premises).