Employment Law and Labour Law

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Employment law and labour law articles and thought leadership, podcasts, videos and webinars from expert sources across the legal world. Explore articles covering topics such as Discrimination, Employee Benefits and Compensation, Health and Safety, Unfair/Wrongful Dismissal, Whistleblowing, Employment Rights, Outsourcing and Redundancy.
Article
Your Rights Surrounding NDAs Involving Sexual Harassment At Work As An Employee
Victorian laws now restrict how Non-Disclosure Agreements can be used in workplace sexual harassment cases, introducing six mandatory preconditions that employers must meet before an NDA can be validly entered into. These new protections aim to address power imbalances and prevent employees from being coerced into silence, while giving workers the right to terminate NDAs after 12 months and speak to police, medical professionals, and lawyers without breaching confidentiality.
Australia Employment
CO
Carroll & O'Dea
Article
First Right To Disconnect Rulings Clarify The Bar For A Contravention Of The Right To Disconnect Laws
In the first substantive rulings on Australia's right to disconnect laws, the South Australian Employment Tribunal has determined that an Adelaide hairdressing salon did not breach its apprentices' rights despite sending frequent out-of-hours messages via TikTok and Snapchat. The Tribunal drew a critical distinction between unwelcome communication and actually preventing employees from disconnecting, establishing that subjective pressure without demonstrable consequences does not constitute a breach.
Australia Employment
CG
Cooper Grace Ward
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Article
Redundancy Consultation Obligations: No Shortcuts For Small Businesses
The Fair Work Commission's Full Bench has confirmed that employers of all sizes, including small businesses, must meaningfully consult with employees before making redundancy decisions. This landmark ruling clarifies that consultation obligations apply universally and that failure to provide genuine consultation before an irreversible dismissal decision can defeat a 'genuine redundancy' defence in unfair dismissal claims.
Australia Employment
CG
Cooper Grace Ward
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Article
First Right To Disconnect Rulings Clarify The Bar For A Contravention Of The Right To Disconnect Laws
In the first substantive rulings on Australia's right to disconnect laws, the South Australian Employment Tribunal has determined that an Adelaide hairdressing salon did not breach its apprentices' rights despite sending frequent out-of-hours messages via TikTok and Snapchat. The Tribunal drew a critical distinction between unwelcome communication and actually preventing employees from disconnecting, establishing that subjective pressure without demonstrable consequences does not constitute a breach.
Australia Employment
CG
Cooper Grace Ward
Article
Case summary: State of Tasmania v Pearson [2026] TASFC 11 – medical certification gap does not interfere with employer’s liability to pay weekly payments under the Workers Rehabilitation and Compensation Act 1988 (Tas)
The Full Court of the Supreme Court of Tasmania has ruled on a critical question affecting workers' compensation claims: what happens when there's a gap in medical certification exceeding 14 days? The court examined whether employers must continue paying weekly compensation when they elect to treat a new certificate as a disputed claim, balancing employer rights against worker protections under Tasmania's workers compensation legislation.
Australia Employment
CO
Carroll & O'Dea
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