Articles
Category: Employment Law
Workplace right of entry for union officials
The Fair Work Act provides right of entry provisions which allow union officials to enter a workplace under certain circumstances. The purpose of a right of entry is to balance the workplace rights of employees and the rights of employers running a business.
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Protected and unprotected industrial action
The law around industrial action is complex, and it’s important for everyone involved in such disputes - employees, unions and employers – to understand what constitutes industrial action, and what they can and cannot lawfully do in undertaking such action in the course of a bargaining dispute.
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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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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?
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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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
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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High Court finds employer not vicariously liable for employee’s negligent urination
In the August 2023, the High Court unanimously overturned the earlier decision of the Queensland Court of Appeal that had originally found an employer was vicariously liable for the wrongful act of an intoxicated employee who had urinated on a colleague sleeping in staff accommodation.
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Public Sector Act 2022 – new employment framework for public sector employees in Queensland
On 1 March 2023, the Public Sector Act 2022 commenced, repealing and replacing the Public Service Act 2008. This new Act sets out a new legislative employment framework for the Queensland public sector.
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Australian Transport Safety Bureau (ATSB) interviews
If you’re involved directly or indirectly in a transport safety incident in Australia, you may be required by the Australian Transport Safety Bureau (ATSB) to be interviewed in relation to that incident. It’s important for people who are required to participant in an ATSB interview to understand their rights and obligations.
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Industrial manslaughter in Queensland
Industrial manslaughter occurs when a worker dies at work due to negligence by a business or its senior officer. It is a criminal offence.
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Difference between workplace bullying and reasonable management action
This article explores the primary differences between workplace bullying by an employer and reasonable management action carried out in a reasonable way.
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