Murray Procter

Murray Procter

DLA Piper

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Latest Publications


Failure To Consult - Employment Update: Financial Penalty For Consultation Failure

All Enterprise Agreements Impose Mandatory Obligations On Employers To Consult With Employees About "Major" Changes In The Workplace. These Obligations Are Not Only Relevant To Unfair Dismissal Claims, But A Failure To Comply...more

8/14/2014 - Australia Employee Rights Employer Liability Issues

Employment Law Update: Bullying Not So Fashionable

Sussan: Where tit goes with tat - A recent win for a bullied employee of the Sussan retail chain in the Supreme Court of Queensland shows that it has never been more important for employers to ensure frontline managers...more

5/14/2014 - Australia Bullying Employee Rights Employer Liability Issues Hazing

Getting in front of covert recordings (Australia)

An employee may want to record a conversation in the workplace for any number of reasons. They might think their manager is trying to set them up to get them into trouble. They might be trying to catch out alleged bullying or...more

12/18/2013 - Australia Right to Privacy Surveillance

Amendments To Queensland Workers' Compensation Legislation: Implications For Hiring

The recent changes to the Workers' Compensation and Rehabilitation Act 2003 (Qld) (WCR Act) have generated debate. The focus has been on the introduction of a threshold for common law claims. However, employers should...more

11/8/2013 - Australia Disability Discrimination Disclosure Requirements Discrimination Medical Records Workplace Injury

Australia: General Protections - Best Practice Guide

OVERVIEW - The general protections protect “workplace rights” as defined broadly in the FW Act. The general protections prohibit “adverse action” being taken against a person when that person decides to, or not to,...more

8/15/2013 - Adverse Employment Action Australia Discrimination Employee Rights Employer Liability Issues

Australia: Industrial Action - Best Practice Guide

OVERVIEW - The FW Act contains a central distinction between “protected” industrial action (that is, lawful action) and “unprotected” industrial action (unlawful action). However, a designated “bargaining period”...more

8/15/2013 - Australia Collective Actions Collective Bargaining Industrial Action Lockouts Notice Requirements Protected Activity Strike Unions

Australia: Termination Of Employment - Best Practice Guide

WHAT OBLIGATIONS ARISE? Unfair dismissal laws, which are set out in the Fair Work Act 2009 (Cth) (FW Act), apply to a large number of Australian employees and generally give those employees the broadest protection...more

8/14/2013 - Australia Employer Liability Issues Fair Work Act Hiring & Firing Termination

Australia: The Safety Net - Best Practice Guide

COMPLIANCE WITH THE NES - An employer must comply with the NES in relation to each of its employees. Any attempt to exclude the NES or provide less favourable entitlements will not be effective as the NES...more

8/14/2013 - Australia Employee Benefits Employee Rights International Labor Laws Paid Leave

Australia: Managing Ill Or Injured Workers - Best Practice Guide

TAKING THE PLUNGE - Often, the first step is for an employer to ask, and if necessary, direct the employee to undergo a medical examination. Where the employee refuses, the employer needs to decide whether that...more

8/14/2013 - Australia Bodily Injury Compliance Employee Benefits Employer Liability Issues Medical Examinations Sick Leave Workplace Injury

Australia: Bargaining Under The Fair Work Act - Best Practice Guide

ENTERPRISE AGREEMENTS - The FW Act provides for the making of an enterprise agreement that is simply a collective agreement that covers one (single-enterprise) or more employers (multi-enterprise) and the employees...more

8/14/2013 - Australia Collective Bargaining Employee Rights Fair Work Act

Australia: Right Of Entry For Unions - Best Practice Guide

OVERVIEW - There are three types of ROE for union officials seeking to enter ‘workplaces’ under the FW Act: - To hold discussions with employees whose interests the union is entitled to represent - To...more

8/14/2013 - Australia Fair Work Act Foreign Jurisdictions OHSA Unions

Australia: Safety First: Adverse Action in the context of work health and safety

SUMMARY - The recent Federal Court decision in AMWU v Visy Packaging Pty Ltd (No 3) [2013] FCA 525 demonstrates the careful balancing act an employer faces when disciplining an employee for misconduct where the...more

7/16/2013 - Adverse Employment Action Safety Violations Workplace Hazards

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