Unions are now targeting paid breaks in court actions, and employers are at risk of overlooking this area of compliance, says former Fair Work Ombudsman Natalie James.
It was "impossible to conclude" that a worker was a contractor rather than an employee, the High Court has found in one of two rulings with important ramifications for all employers.
Two High Court rulings have emphasised the importance of contractual rights and obligations when determining whether a worker is an employee or independent contractor.
A general manager's "sense of entitlement" regarding his former employer's confidential files and intellectual property was "completely at odds" with his legal obligations, a court has ruled.
The Fair Work Commission has declined to block five employers from disciplining employees who refuse to get the COVID-19 vaccination, after finding they could suffer "irrecoverable" financial detriment by retaining them.
A manager treated his common law duties to his employer with contempt, embroiling subordinates and third parties in his "brazen" misappropriation of stock and money, a court has ruled.
An employer has failed to win interim restraints against three former employees, with a court finding their "know-how" didn't fall within its available protections.
The Federal Court has found an employer threatened employees with repatriation to "intimidate them into silence", knowing they would put up with below-award rates and conditions.
A chief people officer's decision to sack an employee for assisting police in a murder investigation was "irrational, if not bizarre", a court has found.
In their rush to make faster recruiting decisions in this tight candidate market, employers are opening themselves up to some legal risks and ethical issues, a lawyer says.
Workplace bullying complaints continue to pose significant challenges for employers, including where the behaviour doesn't meet the legal definition of bullying or the threshold to make a claim. Watch this HR Daily Premium webcast to understand key lessons from cases where bullying complaints interact with other claims and issues.
What constitutes "best practice" when managing neurodiversity at work is evolving all the time. Watch this HR Daily Premium webcast to learn how to embed neuroinclusive practices into HR programs and every stage of the employment lifecycle.
