Legal Insights
Unvaccinated worker reinstated due to employers poor communication
In a very important recent development, a Northern Territory teacher, Anna Gikas (Applicant), who was sacked over the COVID-19 vaccine mandate
When failure to follow a Direction to attend to an Independent Medical Examination can lead to dismissal
One of the most frequently asked questions from employers is whether you can you terminate an employee from work when they are on long-term personal and sick leave.
Termination of skinny-dipping Academic is found not to be unfair?
The Full Bench of the Fair Work Commission (FWCFB) has upheld the Australian National University’s (ANU) appeal over the dismissal of a mathematics professor after he went skinny-dipping with a student before kissing her and engaging in intimate but not sexual intercourse with her.
Can an employee be terminated from employment for excessive SMS texting?
Employers regularly notice and complain when their employees are distracted through texting on their mobile phones. But, can an employee be dismissed for such an action when an employer determines the amount of texting has gone too far?
What Does A New Labor Government Mean For Employers
With voting for the Federal election complete and Anthony Albanese of the Australia Labor Part (ALP) sworn in as Australia’s next prime minister, employers may be starting to wonder what this means for their business, their employees and the employment relationship as a whole.
The Environment Framework – 6 Months in
This video is presented by Planning and Environment Principal, Greg Tobin providing an update on recent changes to the Environment Protection Act 2017 (VIC). Covering the following topics:
Definition Of Casual Employee
On 27 March 2021 the Commonwealth Government introduced legislation which included a definition for a “casual employee”. The Fair Work Act 2009 (Cth) (FW Act) now provides a process by which casual employees may convert to full time or part time employment, and requires that employers provide casual employees with a Casual Employment Information Statement.
Victorian Wage Theft Laws
On 1 July 2021 the Wage Theft Act 2020 (Vic) (the Act) came into effect bringing with it a list of offences in relation to employee entitlements and record keeping, breaches of which may lead to significant fines and even prison sentences.
Mediation in Family Law Proceedings
Mediation is a process that can be attended by parties to a family law dispute in an attempt to resolve their property and/or parenting issues. This article details what family law mediation is, why it is used and what the process is.
What are the current views of the FWC in relation to the flu vaccine. Do the mandates extend beyond COVID-19? - Part 3
There has been commentary as to whether we will see a broad-based approach in relation to the implementation of a mandatory vaccination regime for other vaccines (flu) across all workplaces.
Which way is the pendulum swinging? - Part 2
A very recent decision from the FWC confirms the difficulties for employees relying on the theoretical basis of conscientious objections when refusing to comply with obligations imposed by public health directions or refuse to receive vaccines as required as a condition of being able to attend their workplaces.
Draft Land Tax Ruling - Land Tax Exemption for Charities
On 15 February 2022, the Victorian State Revenue Office (SRO) published ruling LTA-009 (Draft Ruling) that replaced the previous rulings of LTA-004 and LTA-005.
The consultation process closed for comments and submissions on 15 March 2022. We will provide updates when the SRO releases their final ruling in due course.
Recent Developments in the area of mandatory vaccines - Part 1
The current discussion and status of the availability of COVID-19 vaccinations has posed significant challenges for employers around the requirement of how to manage broader workplace risks.
Harwood Andrews Planning & Environment Ranked In Doyles Guide, Victoria 2022
Harwood Andrews is delighted to have been identified by clients and peers for expertise and abilities in two areas for Victoria in the 2022 Doyles Guide. Doyle's Guide is a highly regarded independent annual peer review of the leading corporate law firms and lawyers in Victoria.
Workplace Investigations and why they are needed
A workplace investigation is a line of enquiry that aims to impartially assess issues or allegations that have occurred in the workplace or have a workplace connection.
Another Facial Recognition Technology Privacy Breach – AFP in the Spotlight
The Australian Information Commissioner and Privacy Commissioner, Angelene Falk, has recently determined that the Australian Federal Police (AFP) has failed to comply with its privacy obligations in using the Clearview AI facial recognition tool (FRT).
A green light for the reform and transformation of Australia’s Payments System
On 8 December 2021, Treasurer Josh Frydenberg announced a digital economy roadmap (Roadmap), which applies to payments and crypto assets.
Vino on the blockchain – how a new Penfolds NFT may change the course of wine & spirit collecting
Australia’s much-admired winemaker, Penfolds, has recently announced its endeavours to partner with BlockBar, a leading non-fungible token (NFT) marketplace for luxury wine and spirit products. An NFT is a unique online token that exists on a blockchain and cannot be replicated.
Disgruntled employee tries to argue performance improvement plan constitutes workplace bullying
In the recent case of Scott v Vita People Pty Ltd, Josie Williams [2022] FWC 24 (10 January 2022), the employee (applicant) filed a stop bullying order against his managers on the basis of a performance improvement plan (PIP) that had been implemented and been followed.
Managing permanently injured employees and return to work obligations
WorkCover and where is the starting point in a claim?
The first question, and basic starting point, if an employee suffers either an injury or illness is whether this injury or illness arises out of or in the course of employment. The key test is ‘in the course of employment’.