Do You really Love Christmas-after Parties and Discipline

With Christmas functions fast approaching, a recent Fair Work Commission decision is a timely reminder that the work function may not necessarily end when the official event does. What happens when the celebrations continue, things go wrong, and employee conduct becomes a workplace issue? In our …

The Need for a Factual Nexus

When is a flexible work request genuinely connected to an employee’s age? Andrew Douglas and Monnette Samo discuss a recent Fair Work Commission decision that explores this question and what it means for employers and employees. Watch this week’s Friday Workplace Briefing Video here.

First Case on Right to Disconnect Shows How Tough It is for Employees to Win

The Right to Disconnect - What does it actually mean? The first case to consider the new right to disconnect provisions provides important insight into what employers and employees need to know. Join Andrew Douglas and Kim McLagan as they discuss Kalleske v McGuire and explore the critical distin…

Royal Commission into Big Build Corruption

The Royal Commission into Big Build Corruption – What You Need to Know In our latest podcast, Andrew Douglas is joined by Madelyn Hassan , who is stepping in front of the camera for the first time after helping behind the scenes with the FCW podcast preparation. Together, they discuss the newly e…

When An Employee says They are no Longer Casual-What is The Test

When a casual employee says they’re no longer casual – what is the test? What happens when a casual employee says they no longer meet the definition of a casual? In this week’s podcast, Andrew Douglas and Tom Daly discuss the first case on casual conversion to permanent employment and the employe…

How Ai is The Bully’s Tool

What happens when workplace conflict meets AI? In a recent Fair Work Commission decision, a body corporate committee was found to have repeatedly behaved unreasonably towards a caretaker, creating a risk to her health and safety and warranting a stop-bullying order. The decision also highlights a…

The Growth of More Serious Criminal Charges in Safety

In this episode, Andrew Douglas and Jim Babalis explore the growing trend of serious criminal prosecutions arising from workplace safety incidents. Using South Australia's first industrial manslaughter prosecution as a starting point, they discuss how regulators are increasingly pursuing significan…

The New Fair Work Court-what is it, When will it Happen and How will it Change our World

The Federal Government has announced its intention to establish a new Fair Work Court—the most significant proposed change to Australia's workplace relations system in almost 30 years. Join Andrew Douglas and Jim Babalis as they discuss what this proposal could mean for employers, including how wo…

The Test for Termination Based on not Fit for The Inherent Requirements of The Job “Not Fit now or in The Foreseeable Future to Undertake the Inherent Requirements of The Job with Reasonable Adjustments”

When is an employee no longer able to perform the inherent requirements of their role, and when can an employer lawfully rely on incapacity as a reason for termination? In this session, Andrew Douglas and Jim Babalis will discuss the legal test for termination based on an employee's capacity to pe…

General Protections Claim limitations for Independent Contractors. Political Beliefs Protected under State law are not Protected Workplace Laws for Independent Contractors.

  General protections claims aren't just an issue for employers and employees—they can also arise in contractor relationships. However, the rights and protections available to independent contractors are not always the same. In this update, Jim Babalis and Tom Daly explore the limits of general pr…