Papers
Useful papers written by Australian Workplace Lawyers for reference and review:
Recent Post Employment Restraint Cases – A Queensland Perspective 2022
There has been an increasing emphasis in recent years on businesses protecting their base of existing customers. This is one of the few areas which legislation has not really intruded into. It is also one of those areas where the principles are relatively clear but...
Principles of set off in the Employment Context: A short note on cases
Paper Principles of set off in the Employment Context: A short note on cases Excerpt One of the most significant award amendments being made by the Fair Work Commission (FWC) as it completes its long running 4 yearly review concerns award annualised salary or wage...
Employment Contracts: The Fundamentals
Paper Employment Contracts: The Fundamentals Excerpt You may have heard of the terms “common law contract”, “modern award”, “EBA”, “collective agreement”, “enterprise agreement”, “National Employment Standards” to name a few. You may have also heard of Fair Work...
Finding causes of action outside the WorkCover jurisdiction for those hurt by bullying and harassment
Paper "It's life Jim but not as we know it" Finding causes of action outside the WorkCover jurisdiction for those hurt by bullying and harassment Exert "What legal options does an employee have if they feel that they are being bullied or harassed in the workplace?...
Performance Managment & Ending Employment
Paper "How much procedural fairness is enough?" Performance Managment & Ending Employment Exert "It is important to provide employees with procedural fairness in deciding whether to terminate their employment because: It’s the right thing to do, reflects management...
Breach of Workplace Rights & Adverse Action 2013
Paper "Still a Worker's Paradise?" Breach of Workplace Rights & Adverse Action 2013 Exert "Taking effect from 1 July 2009, the ability for a claimant to bring a claim of breach of workplace rights (also known as an adverse action claim) under the general protections...
Navigating the Minefields: Harassment in the Workplace
Paper "Navigating the Minefields" Harassment in the Workplace Excerpt "What legal options does an employee have if they feel that they are being bullied or harassed in the workplace? In years gone by, the answer would probably have been “not very many” but this...
The Plaintiff’s New Black: Adverse Action
Paper "The Plaintiff's New Black" Adverse Action Exert "Taking effect from 1 July 2009, the workplace rights, or “adverse action” provisions of the Fair Work Act 2009 represent a significant new weapon for people with workplace grievances. Together with the reduction...