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Article 2022-06-21
Could hybrid working reverse progress towards gender parity in business?
At the start of the COVID-19 pandemic, the vast majority of businesses who were able to switch to remote working did so, as an alternative to all out closure. Post-pandemic, many are embracing hybrid working. However, for all of the benefits hybrid working offers, it also has the potential to slow, or even reverse progress towards gender parity in business.
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Article 2022-06-21
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.
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Article 2022-05-17
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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Article 2022-05-17
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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Case review 2022-05-17
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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News 2022-05-10
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 2022-05-06
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 2022-04-20
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 2022-03-17
“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 2022-03-09
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.