Articles

Category: Employment Law


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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High Court finds employer not vicariously liable for employee’s negligent urination

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

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

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 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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The difference between workplace bullying and reasonable management action

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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Employer record keeping and pay slip obligations

Employer record keeping and pay slip obligations

All you need to know about your record keeping requirements and pay slip obligations as an employer.
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Long term sick leave consequences for your employment

Can I be terminated due to long term sick leave?

Your rights to paid and unpaid sick leave and the consequences a long-term absence from work due to illness may have on your employment.
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Legal definitions of discrimination in Australia

What does the law say about discrimination?

A close look at Federal and Queensland-based laws that protect rights against discrimination, along with your options to pursue legal recourse if you experience discrimination.
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Stop sexual harassment at work orders

Sexual harassment at work – significant changes to the law

Federal sexual harassment laws cover workers nationwide and are designed to improve protection and increase empowerment of workers.
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New casual employee definition inserted into the Fair Work Act

The impact of the casual employee definition for employers and employees

On 4 August 2021 the High Court finally delivered its decision in WorkPac Pty Ltd v Rossato & Ors, bringing clarity to the meaning of ‘casual employee’.
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