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Case review 17/05/2022
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.
Article 17/05/2022
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.
Article 17/05/2022
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.
Case review 17/03/2022
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.
Article 22/02/2022
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.
News 19/01/2022
Following the publication of The Legal 500 Asia Pacific 2022, the firm has seen some impressive rankings in the latest guide to top law firms and lawyers across the region.
Case review 23/02/2021
A recent decision of the Full Federal Court is likely to significantly reduce the number of general protections dismissal applications progressing from the Fair Work Commission (FWC) to a federal court for hearing. The FWC will now decide whether there has been a dismissal, if that issue is in question, when the application is lodged with the FWC rather than leaving it to a federal court to decide. If the FWC decides that there has been no dismissal and declines to issue a certificate, the matter will end, saving employers and their insurers the costs of a federal court proceeding.
News 29/01/2021
The Legal 500 APAC 2021 results has seen Kennedys build on our 2020 achievements and confirmed the strength of the firm’s reputation across the region.
Article 03/09/2020
The list of well-known Australian businesses who have been recently accused of underpaying their employees seems endless: Qantas, Coles, Target, Woolworths, Bunnings, Dominos, Subway, ABC and others. These are the more notable businesses. There are many more who been accused, correctly, of underpayments, and many notable, and less notable, businesses have been subject to proceedings, adverse findings and civil penalties.
Article 23/04/2020
On 9 April 2020, the Fair Work Act 2009 (Cth) was amended as part of the Australian Government’s JobKeeper scheme for eligible businesses.
