Articles
Category: Employment Law
When suitability matters become a barrier to admission into the legal profession
Admission to the legal profession in Queensland is not granted as a matter of course, even when an applicant has satisfied all academic and practical training requirements.
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Understanding a "show cause" letter from your employer
Receiving a “show cause letter” from your employer can be a very stressful experience. Understanding what a show cause letter means, what your rights and responsibilities are, and how best to respond can all significantly affect the outcome and your employment position.
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Covertly recording conversations in the workplace
In recent years, the issue of covertly recording conversations in the workplace has emerged as an important topic in employment law. Such secret recordings raise concerns about privacy, workplace rights and protections, and the issue of trust between employees and employers.
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The purpose and importance of particulars in disciplinary proceedings
The 2023 decision of Lavercombe v Legal Services Commission [2023] QCAT 356 is a reminder of the vital role (and the limits) of particulars in disciplinary proceedings. In this case review we consider the purpose and importance of particulars in disciplinary matters.
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“Right to Disconnect” outside normal business hours
On 26 August 2024, the Australian Federal Government introduced new laws establishing an employee’s “right to disconnect” from work-related communication outside normal business hours.
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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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