Sage counsel for the Council

16 June 2017

Boroondara City Council has been ordered to pay a terminated former employee almost $8 000 following their decision to ignore a doctor’s plan to conduct a case conference without appropriate justification.

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Workplace policies, contractual?

9 June 2017

In Romero v Farstad Shipping (Indian Pacific) Pty Ltd (hereafter Romero), the Full Federal Court of Australia was asked to determine whether a workplace policy forms part of the employment relationship, that is, aspirational or contractual in nature? As the case demonstrates, this will depend on the particular factual circumstances of the employment relationship.

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The Power of Language: Taking the Penalty out of the Rates

2 June 2017

The Australian Hotels Association, Accommodation Association of Australia and Pharmacy Guild have withdrawn their proposals to change the term ‘penalty rates’ to ‘additional remuneration’, ahead of a further hearing on the weekend and public holidays penalty rates case.

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Court Rejects Secret Footage

26 May 2017

Far from a mining company’s smoking gun, a recent decision of the Federal Court restrained an employer from using secret footage of an employee making “adverse” and “colourful” remarks about it as part of its subsequent disciplinary investigation.

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Firefighters Prove Privilege is a Hot Commodity

19 May 2017

When it comes to employment litigation and discovery, the protection afforded privilege documents is a hot topic- at least it was in the recent Supreme Court scuffle between Volunteer Fire Brigades Victoria and Country Fire Authority.

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The Tricky Business of Employee Drug-testing

13 April 2017

For many employers, drug-testing is an absolute must. Difficulties arise, however, in instituting drug-testing policies in the work place. In a recent case involving an employee of the pathology giants, Dorevitch Pathology, the Fair Work Commission (“FWC”) shed some light on the ‘best practice’ for employers looking to perform these drug tests.

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