Rick Catanzariti

Rick Catanzariti

DLA Piper

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Workplace Bullying – Past Behaviour Relevant In Fair Work Commission's New Jurisdiction Update

The Fair Work Commission's anti-bullying powers came into force on 1 January 2014 (see our previous update here). In a recent decision (Application by Kathleen McInnes [2014] FWCFB 1440), the Full Bench of the Commission has...more

3/24/2014 - Bullying Fair Work Commission Jurisdiction

Out of hours conduct - when is it a workplace issue? (Australia)

The line between conduct that may be said to have taken place within or outside the workplace is often quite blurry. While the conduct of an employee in any part of their life has the potential to affect the reputation of...more

12/17/2013 - Australia Hiring & Firing Off-Duty Employees Vicarious Liability

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

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