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Australia Employer Liability Issues Hiring & Firing

Seyfarth Shaw LLP

Navigating employee relations: The advisor’s role (Part 5)

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In recent months, I’ve spoken to many HR professionals about all things employee relations or “ER.”...more

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Why the negative impact of non-competes is overstated (Part 2)

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As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a...more

Seyfarth Shaw LLP

Struggling to keep up with all the closing loopholes reforms?

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The last two years has seen multiple rounds of changes to employment, industrial and safety laws at federal and state level in Australia....more

Seyfarth Shaw LLP

Why the negative impact of non-competes is overstated

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It seems like death by a thousand cuts. In August last year, Federal Treasurer Jim Chalmers announced a Competition Review to examine competition laws, policies and institutions to focus on reforms that would increase...more

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In defence of non-disclosure agreements

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Non-disclosure agreements (NDAs or confidentiality agreements) have come under fire in recent years due to concerns that they silence victims, conceal unlawful behaviour and prevent companies and regulators from understanding...more

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Closing Loopholes just keeps getting better and better

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It is worth noting that under the original timetable of the Hon Tony Burke MP for the Closing Loopholes Bill, it would have been passed as law this week....more

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The demise of labour hire – the problem, policy and politics

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In his press club speech on 31 August 2023, just days before the public release of the Closing Loopholes Bill, Minister for Employment and Workplace Relations the Hon Tony Burke MP described the problem of the labour hire...more

Seyfarth Shaw LLP

Board accountability and sexual harassment in the new regime

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If it’s not already happening, Board room agendas will be making room for yet another compliance program. We’ve said it before and it’s worth repeating: the bolstering of anti-sexual harassment laws will see workplaces...more

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Navigating the New World of Work: Is Contracting on the Way Out?

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Seyfarth Synopsis: The use of contracting arrangements is widespread; however, around the world, we are seeing trends suggesting this type of work arrangement may become more restricted, higher cost or higher risk to...more

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Closing loopholes or creating a noose?

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Anything but casual… In the first of our series examining the Closing Loopholes Bill introduced into Parliament yesterday, we look at the new measures for casual employment....more

Jones Day

Contract Is King: High Court of Australia Provides Clarity on 'Employee vs Contractor' Test

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On 9 February 2022, the Australian High Court heard two appeals together—Construction, Forestry, Maritime, Mining and Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 ("Personnel") and ZG Operations Australia...more

Littler

Littler Global Guide - Australia - Q4 2021

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Common Law Term of Reasonable Notice Not Displaced by Statutory Minimum Notice Period - Precedential Decision by Judiciary or Regulatory Agency - In a recent decision, the Federal Circuit Court held that the common law...more

Littler

Littler Lightbulb: Highlighting Recent Developments in the Asia Pacific Region

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Australia - Wage Theft Investigations. The Australia Fair Work Ombudsman’s (FWO) 2018-2019 Annual Report, published by the government agency on October 20, 2019, found significant wage theft in the country over the past...more

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Outsourcing: Why The Game Has Changed

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Traditionally, alternative labour models – including outsourcing and contracting – have been used by business to defray cost and risk and deal with workflow fluctuations. Today’s environment is creating new challenges for...more

Jones Day

Monthly Update—Australian Labour & Employment - April 2018

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MESSAGE FROM THE EDITOR - In this edition of the Update, we comment on the Labour Hire Licensing Act 2017 (Qld), which was recently implemented in Queensland and obliges labour hire providers to be licensed...more

K&L Gates LLP

Maxed Out: Unfair Dismissal Claims Recognised for Fixed Term Employees

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A recent decision of the Full Bench of the Fair Work Commission delivered last Friday has substantially changed the unfair dismissal landscape and the law governing fixed and maximum term contracts of employment, putting...more

K&L Gates LLP

Things Aren't Always As They Seem

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An Albury based restaurant and its sole director have been prosecuted by the Fair Work Ombudsman for conduct towards Australian and visa workers and deliberate actions to cover up blatant breaches of the Fair Work Act 2009...more

K&L Gates LLP

The Dangers of Overcooking When Poaching

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As an employer, you want the best people working for your business. It's common to want to 'talk up' the business to a prospective employee and present the opportunity only in the most positive light. But just how far can you...more

K&L Gates LLP

Fair Work Commission Dismisses Unfair Dismissal Claim Involving False Bullying Allegations

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In handing down its recent decision in Hunter v The Commonwealth of Australia, represented by the Department of Sustainability, Environment, Water Population and Communities [2013] FWC 7917 (Hunter v Commonwealth), the Fair...more

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