Retired Judge Paul Stein's report on the NSW OH&S laws has finally been released by the NSW Labour government, more than a year after it was finalised. The report was handed to then IR Minister John Della Bosca in April 2007, but it was not publically released...
Labor's Workplace Relations legislation, to be released later this year, is underpinned by a focus on collective enterprise bargaining --- with the requirement that employers bargain with employees in "good faith". But what exactly will this elusive good faith bargaining GFB requirement entail, and will employers, unions and workers embrace...
The Federal Government recently released its 10 National Employment Standards ("NES") --- a new "simpler" statutory safety net aimed at "protecting fair minimum wages and conditions for all working Australians". Although the standards will apply from 1 January, 2010, it is important for employers to just how they might affect...
A Coles store manager, who was employed by the company for 24 years, was recently dismissed following allegations that she pulled the hair of a subordinate, swore at a sales representative in an abusive manner and conducted herself inappropriately when she engaged in physical contact with a male colleague in...
The explosion of the Internet, and the ease of information access it provides, has become both a blessing and a curse for many employers. While it gives workers and their employers the ability to "google" helpful business resources, it can also threaten the security of a workplace computer system, result...
When returning from parental leave an employee is legally entitled to return to the same or a comparable position. There have been many instances where employers have not complied with this obligation resulting in the courts awarding damages to affected employees. In 2007, Nike was ordered to...
Many organisations have work experience placements that allow students to get a feel for different workplaces --- enabling them to better make educated decisions on future occupations. What you may not be aware of, is that those host employers are required to provide the same occupational health and safety (OH&S)...
The legal risks associated with using social networking sites, like Facebook, at work are becoming a growing concern for many employers. With Australia having the fifth-largest number of Facebook users worldwide, the Web site is opening up a plethora of potential legal risks for companies who allow their employees to...
Recent penalties handed down by the courts as a result of underpayment investigations by the Workplace Ombudsman should serve as serious warnings to employers to comply with employee Awards. A Sydney meat market was recently fined $93,600 by the Federal Magistrates Court for underpaying one of its employees approximately $9,400...
When employees leave your business, there is a potential risk that they may take your key clients, confidential information and intellectual property with them. To prevent this occurring, restraints are used to prohibit or discourage employees from removing, copying, using or disclosing confidential information and from soliciting customers, suppliers and...
A recent case serves as a warning to all employees to be aware of "zero tolerance" policies that apply at their place of work and ensure their conduct does not contravene those policies. In May 2007, Woolworths dismissed one of its store managers for drinking two beers during his lunch...
Bullying may often be associated with school days, but there is no doubt it is also a significant problem in today's workplaces as well. The NSW WorkCover Authority defines bullying at work as "aggressive behaviour that intimidates, humiliates and/or undermines a person or group. It is repeated, less-favourable treatment of...
Is the Department of Education liable if one of its teachers sexually assaults a student? Can a security provider be held liable for an unlawful assault by one of its security guards on a member of the public? These are scenarios that Courts have recently considered in relation to employer...
So you have suffered the pain and nuisance of a work-related injury, and now it looks like you're also about to lose your job! You may be asking yourself, can my employer really get away with this? A number of recent cases have looked at whether an employee can legally...
With the "Kevin 07" victory behind us, the workplace relations landscape is set to change again in '08. It is expected that workplace relations in Australia will undergo a third round of changes since 2006. The current Labor government is seeking to restore the balance in the employment relationship...
Right now, workplace relations laws in Australia allow employers and employees to make individual agreements known as Australian Workplace Agreements, or "AWAs". The law prohibits an employer from coercing or applying duress to an employee to enter into an AWA, and the government's Workplace Inspectors are cracking down on employers...
With the back-to-work blues now a distant memory, it's time to make way for a new year of success, profitability, and productivity at work. Employers may not however be able to achieve these goals if faced with employees that consistently arrive late, are unproductive, have a disruptive influence over other...
Following the launch of the National Safety Week in October last year, Occupational Health & Safety OHS briefly returned to the forefront of the Workplace Relations agenda. Yet speculation remains as to why the issue was somewhat neglected by both political parties in the wake of the Industrial Relations reforms...
Bradshaw Advertising has hired Monique Bera as a production manager. Bera previously served as the print/broadcast production manager for the Martz Agency in Scottsdale, Ariz. She also served as the project/traffic manager for Campbell Fisher Design in Phoenix, Ariz...
ON a day when light cross-winds and a fast-running course caused scores to soar, Carnoustie's Keir McNicoll took advantage of local knowledge to move into second place at the halfway point of the St Andrews Links Trophy. The leader going into the final 36 holes on the...
Articles 2008-06-08
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Campbell Fisher is a Solicitor and Managing Partner of Fisher Cartwright Berriman and an Accredited Specialist in Employment and Industrial Law.
