Kathy Dalton

Kathy Dalton

K&L Gates LLP

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Latest Publications


Are They Independent Contractors? Don't Hedge Your Bets on the Entrepreneur Test

A Full Court of the Federal Court of Australia (Full Court) in Tattsbet Limited v Morrow [2015] FCAFC 62 (11 May 2015) has upheld an appeal by Tattsbet Limited (Tattsbet) that a former agency operator was a contractor,...more

5/18/2015 - Australia Employee Definition Independent Contractors

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

Time to Gear up for Four Yearly Review of Modern Awards

As required by the Fair Work Act 2009 (Cth), the Fair Work Commission has commenced its first comprehensive four yearly review of modern awards this week releasing details of the preliminary stages of the review. The review...more

1/17/2014 - Fair Work Act

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

Decision on Termination Procedures a Big Win for Employers

The Supreme Court of Victoria has shed light on an issue raised in Barker v Commonwealth Bank of Australia [2012] FCA 942 regarding whether employers must adhere to their own policies and procedures when dismissing an...more

8/2/2013 - Employment Contract Hiring & Firing Notice Requirements Termination

Franchising Newsletter – April 2013

Overview - There have been several franchising developments since our last update in February. This edition discusses: - minimising the risks when marketing through social media - comments from...more

5/2/2013 - ACCC Advertising Bullying Franchises Infringement Injunctions Privacy Policy Social Media Terms and Conditions

Proposal for Fair Work Commission to Address Workplace Bullying

The Australian Federal Workplace Relations Minister, Bill Shorten, recently announced changes that will allow employees to seek assistance in respect of workplace bullying from the Fair Work Commission (FWC). The...more

2/18/2013 - Fair Work Act Fair Work Commission Workplace Bullying

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