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Searching Content indexed under Employment Litigation/ Tribunals by Clayton Utz ordered by Published Date Descending.
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1
Union must wear Full Bench decision that ban on uniforms did not constitute industrial action
Banning work uniforms or requiring employees to wear campaign clothing may not be "industrial action" under the FW Act.
Australia
15 Oct 2017
2
Employers can avoid opening the floodgates on reasonable administrative action
Lim gives applicants a better grounding in bringing a claim, but employers should not panic about a flood of old cases.
Australia
26 May 2017
3
The cost of dealing with employee information theft
The case shows the importance of being vigilant and acting promptly to minimise the risk and impact of information theft.
Australia
28 Dec 2016
4
Employees behaving badly in 2016
A recurring theme in 2016 was the media reporting that various types of misconduct by employees didn't justify dismissal.
Australia
12 Dec 2016
5
The availability of MPC review may lead courts to decline to review employment decisions
The Merit Protection Commissioner (MPC) conducts independent reviews of employment actions for Commonwealth agencies.
Australia
30 Jun 2016
6
Evidence, the Essendon 34, and the employee under suspicion
If you suspect misconduct or misuse of confidential information, you may still protect your business and other employees.
Australia
4 May 2016
7
Industrial action heating up? When will the Commission let you cool off?
The Patricks case should not be seen as limiting the flexibility given to the FW Commission to make a cooling-off order.
Australia
23 Feb 2016
8
Ordinary and customary: three simple words but 30 years of confusion
This phrase is a very commonly used phrase in industrial relations, although it has been interpreted very differently.
Australia
29 Dec 2015
9
Uber class action case could help drive new employee laws
It may well be time to develop a clear statutory definition of independent contractor - or a new common law definition.
Australia
29 Sep 2015
10
Fair Work Commission provides further guidance on good faith bargaining requirements
The FWC has recently considered the issue of good faith bargaining in a decision which is encouraging for employers.
Australia
17 Nov 2014
11
Landmark sexual harassment judgment opens the gate for significant compensation claims
The Oracle case highlights a significant upward shift in compensation for claims of sexual harassment in the workplace.
Australia
26 Jul 2014
12
No time limits for bullying complaints in the Fair Work Commission
The FWC can hear complaints pre-dating 1 January 2014 and there's no limit on how old an alleged act of bullying can be.
Australia
13 Mar 2014
13
The Coalition's Workplace Relations Policy: what has happened in the first 100 days of government?
There's been movement on some - but not all - of the incoming Government's promises to reform workplace relations law.
Australia
14 Dec 2013
14
"Without prejudice" not enough to keep employee's files confidential
Without prejudice offers may be seen as constructive dismissal or a predetermination of the outcome of an investigation.
Australia
27 Nov 2013
15
Wide deed of release defeats valid disability discrimination claim
A recent decision of the FMCA provided a timely reminder that great care must be taken when drafting deeds of release.
Australia
11 May 2013
16
The Qantas dispute: employer's lockout, ministerial intervention and Fair Work Australia's decision
The Qantas dispute demonstrates the need to make it easier to apply for a suspension or cooling-off of protected action.
Australia
20 Apr 2013
17
Last Piece of the Puzzle Falls into Place for Qantas
The Qantas strategy was a controversial and potentially risky one - but in hindsight, one that has paid off for Qantas.
Australia
22 Jan 2013
18
What can - and can't - go into an enterprise agreement?
This case provides useful clarification by the Court of the lawfulness of some common terms in enterprise agreements.
Australia
20 Aug 2012
19
Analysis: Fair Work Review
[radio interview] The interview highlights some of the 53 recommendations from the review of the Fair Work legislation.
Australia
14 Aug 2012
20
Review Panel: Fair Work Act needs change, gives employers, unions and the Tribunal some wins
The article covers some of the recommendations of the Panel which will impact on employers and on current practice.
Australia
6 Aug 2012
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