News

1 January 2020 Deadline Looming for Mandatory Whistleblower Policy

From 1 January 2020, it will be mandatory for all public companies, large proprietary companies and registerable superannuation entities to have a whistleblower policy that complies with section 1317AI of the Corporations Act 2001 (Cth).

Full Federal Court Hands Down Landmark Adverse Action Dismissal Decision Relating To Disability

In the recent decision of Western Union Business Solutions (Australia) Pty Ltd v Robinson [2019] FCAFC 181, the Full Federal Court examined the application of section 351 of the Fair Work Act 2009 (FW Act) and clarified the distinction between a disability, its manifestation and the consequence of its manifestation.

Social Media Post Leads To Sacking Of Public Servant

Posting your thoughts and opinions on your social media pages has a broader reach than you might think. While you may think that your comments start and finish on your social media page, we are seeing a rise in the number of occasions where posts have resulted in the termination of employment. On 7 August 2019, the High Court unanimously allowed an appeal from the Administrative Appeals Tribunal in the case of Comcare v Banerji [2019] HCA 23 setting a new precedent for Australian bureaucrats.

The Cheesecake Shop Underpayment

In a recent case, the Federal Court of Australia awarded a pastry chef one of Australia’s biggest payouts for underpayment of wages. In formulating the decision, the Court took into account the franchisee’s exploitative actions along with the severe mistreatment of the employee.