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Anti-bullying Quarterly Report Released

Employment Law

The Fair Work Commission's quarterly report on the new anti-bullying legislation has been released showing that from 1 January to 31 March 2014, 151 applications were made, of which: 32 applications were withdrawn before determination,16 were resolved during proceedings7 were dismissed,8 of which were the…
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Swans issues highlight value of employment contracts

Employment Law

Reports today of the Sydney Swans declaring a contracted assistant coach off-limits has a legal base for the club to defends its position. If Stuart Dew as the coach in question decided to leave the Swans for Melbourne as report in The Age, the Swans could…
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No Employee Advocates for Performance Management Meetings

Employment Law

Employees are not entitled to bring advocates to meetings with their employers to discuss performance or behavioural issues. In February 2014 in The Victorian Association for the Teaching of English Inc v Debra de Laps the Full Bench of the Fair Work Commission found that a refusal…
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Changes to the Fair Work Act

Employment Law

Some changes to the Fair Work Act 2009 (Cth) came into effect on 1 January 2013 of which the key ones are: The time limit for lodging unfair dismissal applications and general protections dismissal applications will be 21 days for employees. Previously, the time limit for unfair…
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Harmonisation of Work, Health and Safety Laws

Employment Law

New national Work Health and Safety laws commenced on 1 January 2012 although Victoria has not yet adopted it but is expected to do so with modifications. All employers must be aware of these significant changes and ensure that all policies and procedures comply with…
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TV Shows are not exempt from regular employment laws

Employment Law

Aitken Partners' head of employment law, Stephen Curtain, was interviewed on Today Tonight discussing discrimination laws with regards to television shows. Today Tonight’s summary makes interesting reading and viewing »
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End Of Year Functions – Advice To Employers

Employment Law

With Christmas and end of year parties commencing, it is time to remind employees about their obligations concerning sexual harassment, discrimination and bullying and the expectations of them as to their behaviour at social functions. Employers liable for acts of employees End of year functions…
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Changes to Minimum Award Rates

Employment Law

From 1 July 2011 the following changes take place: Minimum award rates increased by 3.4%National minimum wage increased to $589.30 per week ($15.51 per hour)
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Settlement Payment Taxable as ETP

Employment Law, tax law,

In a recent hearing at the Administrative Appeals Tribunal it was held that a payment received by a taxpayer from his former employer as a settlement to legal proceedings was assessable as an employment termination payment (ETP) and not a tax-free capital payment for personal…
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Private Investigators a part of the process

Employment Law, Litigation,

Media reports today indicate that a private investigator has been hired to perform surveillance and background checks on Kristy Fraser-Kirk who has launched law suit against David Jones and its former CEO Mark McInnes. While to many this seems an extreme step it is not…
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Long Service Leave Provisions

Employment Law

Our Workplace Relations Team regularly recieves queries from clients about long service leave entitlements. The latest set of rules came into play in Victoria on 1 January 2006. Pursuant to the Long Service Leave Act 1992 (Vic) an employee is entitled to: 13 weeks long service leave…
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