Articles

Worker’s general protections claim fails in the Federal Court

Worker’s general protections claim fails in the Federal Court

A Federal Court employment law decision in 2024 emphasises what is required when establishing that the making of a complaint constitutes the exercise of a workplace right for the purposes of a general protections claim under the Fair Work Act.
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Assault occasioning bodily harm explained

Assault occasioning bodily harm explained

Assault occasioning bodily harm is a very common offence of violence, and falls within the broad category of assault offences. It is a more serious offence than common assault, but less serious than grievous bodily harm.
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Update on stop bullying orders – FedEx workers fail in Fair Work Commission

Update on stop bullying orders – FedEx workers fail in Fair Work Commission

In 2023, a number of workers engaged by FedEx Australia made an application to the Fair Work Commission for a “stop bullying order” against FedEx and one of its managers. The application was ultimately denied by the Fair Work Commission.
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Employee suspension – when can it be done?

Employee suspension – when can it be done?

Often, employers feel the need to remove an employee from the workplace. In these situations, proper processes for employee suspension must be followed to avoid allegations of breach of the employment contract and/or applications for general protection orders.
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Australia’s reformed foreign bribery laws to commence September 2024

Australia’s reformed foreign bribery laws to commence September 2024

On 29 February 2024, in line with Australia’s commitment as a member of the OECD Convention on Combatting Bribery of Foreign Public Officials in International Business Transitions, the Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2024 passed both houses of Parliament. The changes will commence in September 2024.
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Unlicensed driving in Queensland

Unlicensed driving in Queensland

To drive a motor vehicle on a road in Queensland, a driver must hold a valid licence. If a driver is intercepted by police and does not hold a valid driver licence, they could be charged with an offence of driving unlicensed.
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Your rights when police come to your home

Your rights when police come to your home

An unexpected visit from the police, asking questions or saying they have a search warrant to go through your house, is a very confronting event. If you find yourself in this position, it is important you are aware of the extent of police powers, and your rights in responding to them.
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A guide to applying for parole in Queensland

A guide to applying for parole in Queensland

When a defendant is sentenced to a term of imprisonment, they will typically be released at some time during their jail sentence on parole. This article looks at the process of applying for parole and how the Parole Board determines that application.
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Car stealing and unlawful use or possession of motor vehicles

Car stealing and unlawful use or possession of motor vehicles

With the “youth crime” crisis being a hot topic of public debate at the moment, the offence of car stealing is never far from the media spotlight. Stories of victim’s cars being stolen - often accompanied by home security footage showing the offenders in the act - feature regularly on the nightly news bulletins.
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Post-employment restraint of trade

Post-employment restraint of trade

A restraint of trade clause, in various forms, may be included in an employment contract, usually at the commencement of employment. A post-employment restraint will be considered at the completion of the employment relationship. The purpose of post-employment restraints is to protect legitimate business interests of the employer.
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Constructive dismissal appeal refused by Full Bench of the Fair Work Commission

Constructive dismissal appeal refused by Full Bench of the Fair Work Commission

We review the outcome of a 2023 general protections matter which tested the grounds for whether a resignation was forced or not. That is, was it a constructive dismissal?
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Sentencing children in Queensland

Sentencing children in Queensland

In Queensland, the criminal justice system treats children differently to adults. The purpose of dealing with children differently is to acknowledge that children have different maturity levels to an adult, and may not have the same life experience, mental capacity and legal understanding to make adult-like decisions.
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