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Searching Content indexed under Employment Litigation/ Tribunals by DLA Piper Australia ordered by Published Date Descending.
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1
Getting in front of covert recordings in the workplace
Several cases have considered whether covert recordings can be admitted as evidence in unfair dismissal proceedings.
Australia
23 Dec 2013
2
It Pays to Think About Causation in Negligence Actions
Several 2012 decisions have highlighted consideration of the crucial ingredient in negligence actions – causation.
Australia
14 Apr 2013
3
To see increased discrimination claims and a new approach to defending them in 2013
The proposed changes could make it more attractive to choose the federal jurisdiction as opposed to state jurisdictions.
Australia
22 Jan 2013
4
Is actio per quod still available in Australia?
An action per quod provides a remedy where there is a wrongful invasion of the employer's quasiproprietary right.
Australia
14 Oct 2012
5
A Basic Guide To The Australian Employment Law Life Cycle
Employers should be aware of the legal issues and obligations involved in hiring, managing and firing in Australia.
Australia
23 Sep 2012
6
High Court to Consider Multiple Settlements for one injury
Insurers may pay out multiple settlements if the first settlement does not extinguish the right to seek further damages.
Australia
29 Feb 2012
7
A wolf in sheep's clothing: union officials acting in their "private and personal capacity" as bargaining representatives for non-members
Discusses an FWA decision that considered union officials representing non-union member employees.
Australia
19 Nov 2011
8
Trial Periods: Pitfalls to Avoid
All employers can now take advantage of the 90-day trial period law.
Australia
29 Jul 2011
9
Fair Work Australia orders PABO to unions for excessive wage claims
In the recent decision of AMWU & AWU v Premium Wine Brands Pty Limited [2011] FWA 1328, Fair Work Australia (FWA) ordered a Protected Ballot Action Order (PABO) for the unions to take protected industrial action in circumstances where excessive wage claims were made.
Australia
21 Mar 2011
10
Warning to unions: don't abuse right of entry provisions
The Australian Building Construction Employees and Builders' Labourers' Federation (Queensland Branch) Union of Employees (Union) and its industrial officer Kane Pearson were fined $16,500 and $4,500 each respectively for breach of the right of entry provisions under the former Workplace Relations Act 1996 (Cth) (WR Act) (which are mirrored in the Fair Work Act 2009 (Cth) (FW Act)).
Australia
9 Mar 2011
11
Don't meddle with staff who engage in union activity at work
The Full Court yesterday handed down a decision that hardens the test that employers must meet to defend claims that they have acted 'adversely' against staff who are performing activities as union officials.
Australia
10 Feb 2011
12
Four tips for managing Christmas payment claims
Christmas leave and shut-down periods can pose significant challenges to businesses in managing the risk of payment claims under the Building and Construction Industry Payments Act 2004 (BCIPA).
Australia
21 Dec 2010
13
Company officers face new penalties for inadequate due diligence
Company officers now have a positive duty to exercise due diligence to ensure the company meets its safety obligation under the new proposed model of OHS laws. There are significant penalties, including imprisonment for officers who fail to discharge this duty, even if an employee is not injured.
Australia
21 Nov 2010
14
Case Summary and it's Implications - Ross and Anor v Ice TV [2010] NSW CA 272
A recent New South Wales Court of Appeal decision upheld the validity of a restraint clause that prevented two executives from soliciting clients or competing with their former employer's business for 12 months
Australia
11 Nov 2010
15
Case Round-Up
A look at employment developments on drug and alcohol testing, employment terminations and transfer of business exemption orders under the new Fair Work Act.
Australia
1 Mar 2010
16
And finally...
A round up of all things employment and workplace relations.
Australia
1 Mar 2010
17
The New Safety Net: What You Need to Know - National Employment Standards
The new safety net, the 10 National Employment Standards (NES) and modern awards, commenced operation on 1 January 2010. The safety net sets the minimum terms and conditions of employment for all employees captured under the federal system. An employer must comply with the NES in relation to each of its employees or risk prosecution.
Australia
 
28 Feb 2010
18
The Workplace - Spring Edition - October 2009, Case Round Up
For the first time, the Federal Court has awarded a sacked employee compensation (of $274,288) on the basis that his employer breached the grievance procedure in his Australian Workplace Agreement (AWA).
Australia
7 Oct 2009
19
Protecting Persons From The Criminal Conduct Of Third Parties
In Modbury Triangle Shopping Centre Pty Ltd v Anzil [2000] HCA 61 the High Court held that while occupiers owe a duty of care to persons lawfully on its premises, that duty does not extend to taking reasonable care to protect persons from the criminal conduct of third parties.
Australia
14 Sep 2009
20
New Fair Work Legislation Tested
In the recent case of “Queensland Alumina Limited v The Maritime Union of Australia” [2009] FCA 874 an application for an order against the Maritime Union to stop industrial action was denied by the Federal Court.
Australia
2 Sep 2009
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