Employment Practices Liability FAQ

Australian workplace relations have changed dramatically in recent years. Employees now have a wide array of rights, which has created a regulatory minefield for employers. They are burdened with a confusing set of obligations and run the risk of being tied up in lengthy and costly legal processes if they get things wrong.

Those that were previously able to get by without the benefit of specialist workplace relations advice really cannot do so anymore. Without robust employment policies, compliant contracts and expert advice, employers are left open to a variety of claims, including unfair dismissal, breach of contract, discrimination and harassment. 

These risks are real. In the past year, the number of unfair dismissal claims rose by 153% and discrimination claims by more than 50%. Every day, employers are being held to account for failing to comply with their workplace relations obligations, leaving them to face up to the consequences of problems that could easily have been avoided if they had taken the right advice at the right time

The following are Employment Practice areas you should be aware of:

Brisbane Workers backpaid more than $230,000

Single Complaint sparks $206,000 back payment - Cobblers Plus

Complaint leads to $305,000 back payment - Rentokill

Unfair Dismissal - A Bank's higher standards and performance management issues

Building site issue - employee or contractor?

Sham Contracting - What is it?

Unfair dismissal - An example

Discrimination - An Example

Breach of Confidentiality - An example

Wages Disputes - An example

Sexual Harassment - An example

Unfair Dismissal - Investigate the matter or else

Employsure - A Risk Management Solution

Teacher Bullies Student with Special Needs

How to behave at Work Part 1

Be careful of that hug

Offer re-deployment if available or face unfair dismissal

Employees losing their temper

Sexual Harassment - Pray for help!

Terminating Employees on Sick Leave

Damages for using a client list

Adverse Action and Pregnancy Discrimination

Improper Procedure but a valid dismissal

Resisting Performance Management - is dismissal justifiable

Sexual Harassment in the USA - $167 Million awarded

Sacked due to hair colour

Employer escapes Vicarious Liability for taking reasonable steps

Dismissal due to drug taking shown to be reasonable

Dismissal due to aggressive behaviour shown to be fair

Two year restraint can be enforced with reason

Muslim Woman wins $5Mil in Harassment case

Workplace Health & Safety and the use of Contractors

University Professor alleges discrimination

Breast Feeding Advocate alleges discrimation

Workplace Health & Safety issues - latest news July 2012

What is an Independent Contractor?

Latest News

Illegal or unsuitable cladding now a big issue

Why we have laws, regulations and Australian standards? Because some people just do the wrong thing all for the sake of making money. The cladding issue is the subject of 4 Corners program on the ABC.

We are already seeing Insurance policies now placing exclusion endorsements into their policies excluding and claims relating to illegal cladding. We are seeing Governments demanding Audits of all existing buildings above a certain height. There are accusations of Builders taking other short cuts such as on Wiring, Pipes and sprinkler systems. 

The question is, who is to blame? Who will take responsibility?

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Small business in NSW

Right after the NSW Government have reimposed Fire Service Levies, they have at least made an effort for small business. The government has announced it will abolish stamp duty on a number of policies taken out by a small business. This is an important change.

What is a small business? In order to gain the exemptions, the business must be a small business for Capital Gains Tax Purposes for the income year in which the insurance is effected or renewed. A small business for CGT purposes is: “an individual, partnership, company or trust that is carrying on a business, and has an aggregated turnover of less than $2 million.”

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