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What is 'Ordinary and Customary Turnover' When it Comes to Employees?

Picture this: A cleaning business successfully obtains a contract to provide cleaning services to a large CBD building. At the end of the term of the contract, the property management company advises that it will not be...more

The Danger of Assumptions When Dealing With Ill and Injured Employees

A recent decision made by the Federal Circuit Court (Court) provides a timely reminder of the need to take care when making decisions about the ongoing employment and duties of ill and injured employees. The decision also...more

Human Rights at the Pub: The Expanding Scope of Sexual Harassment Laws

A recent decision of the Full Court of the Federal Court (Court) has significantly broadened the concept of what constitutes a 'workplace' by finding that a contractor sexually harassed an employee in various locations,...more

Compulsory Drug and Alcohol Testing on Victorian Government Construction Sites

Victorian construction companies will be required to implement comprehensive drug and alcohol testing procedures in order to be eligible to tender for work from the Victorian Government, according to a statement released last...more

2/13/2014  /  Australia , Drug Testing

Too Much of a Coincidence? Evidence of Tendency to Prove Sexual Harassment Claims

In a decision that has wide reaching implications for future sexual harassment claims, the Federal Court has found that an applicant is entitled to bring evidence of their employer acting in a similar manner towards other...more

9/27/2013  /  Australia , Evidence , Sexual Harassment

Refusing Employee Requests to Work Part-time: Potential Risks for Employers

On 31 May 2013, in its decision in Rind v Australian Institute of Superannuation Trustees, the Australian Fair Work Commission (FWC) found that an employer constructively dismissed an employee by unreasonably refusing her...more

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