Can you monitor your employees’ keystrokes?
The remote work trend has caused many employers to struggle to adapt how they monitor productivity. Employers are increasingly utilising software to track employee output, including keystroke monitoring software (i.e. software applications that record the number of individual keystrokes typed on a keyboard, as well as mouse movement, over time). The Fair Work Commission (Commission) […]
ReadmoreNew restrictions on fixed term employment contracts
From 6 December 2023, new limitations will apply to fixed term contracts of employment. Broadly, the changes will: limit the maximum duration of fixed term contracts to two years; provide robust restrictions to prevent employers from circumventing these limitations; and require employers to provide employees on new fixed term contracts a ‘Fixed Term Contract Information […]
ReadmoreCourt ruling narrows exception to redundancy pay: what employers need to know
A recent ruling by the Full Court of the Federal Court of Australia has narrowed the exception to employers’ obligation to provide redundancy pay[1]. This development carries implications for employers, particularly those engaged in labour hire. Failing to keep up with these changes can expose employers to potential breaches of the National Employment Standards (NES). […]
ReadmoreChanges to Enterprise Bargaining – Genuine Agreement Requirement
This is the third article in Gadens’ series regarding the key workplace changes that commence from 6 June 2023, the article below takes a deep dive into changes to the enterprise bargaining process outlined in our previous piece. Employers will encounter changes to the enterprise bargaining process which started on 6 June 2023, which employers […]
ReadmoreBlowing the whistle on whistleblower protections: is your business aware of its obligations?
Whistleblowing in Australia has seen a rapid increase in attention given past legislative changes following the Royal Commission into the Banking, Superannuation and Financial Services industry and recent high profile whistleblower prosecutions in this space. As we go on to discuss below, in late March 2023, former public servant and Australian Taxation Office employee, Richard […]
ReadmoreAre you meeting your psychosocial obligations?
On 1 April 2023, the Managing the risk of psychosocial hazards at work Code of Practice 2022 (Code), published by Safe Work Australia, was approved under the Work Health and Safety Act 2011 (Qld) (WHS Act) and became legally enforceable in all Queensland workplaces covered by the WHS Act. The Code comprehensively addresses the process […]
ReadmoreAre you working more hours than you’re legally required to?
The well-publicised dispute involving independent Federal Parliamentarian, Monique Ryan and her former Chief of Staff, Sally Rugg has brought the legal issue of what constitutes reasonable additional hours to the forefront. Many experts believe that this case will open the floodgates to widespread litigation as more Australian employees become aware of their potential exploitation in […]
ReadmoreWhat the new Respect@Work legislation means for employers
On 25 November 2022, the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Act 2022 (Cth) (Act) was passed by Parliament. This article highlights the legislative changes that employers must closely examine, understand and implement in their workplaces. Positive duty to eliminate unlawful sexual discrimination The Act amends the Sex Discrimination Act 1984 (Cth) (SD […]
ReadmoreAmendments to the Fair Work Legislation – Secure Jobs, Better Pay
Introduction The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022 (Amending Act), passed by Parliament on 2 December 2022, is the first tranche of the Albanese Government’s industrial relations reform agenda and amends the Fair Work Act 2009 (Cth) (FW Act). The Amending Act has not passed without controversy, with many critics of […]
ReadmoreImplementing domestic and family violence leave
The Domestic and Family Violence leave amendment to the Fair Work Act 2009 (Cth) (FWA), passed on 27 October 2022, amends the National Employment Standards (NES) to introduce 10 days of paid leave for victims of domestic or family violence for employees each year (Leave).[1] The Leave will come into effect from 1 February 2023.[2] […]
ReadmoreDismissing a local government employee? Don’t breach section 283
Local governments may consider that they have a robust disciplinary process that delivers procedural fairness through show-cause processes and investigations. While such actions may be sufficient under other employment law frameworks, local governments have unique additional obligations under the Local Government Regulation 2012 (Qld) (Regulation) when determining if disciplinary action is reasonable under the Local […]
ReadmoreTo post, or not to post? Out-of-hours social media activity for public service employees and employers
Introduction Social media is a fundamental tool used in individuals’ personal and professional lives. Considering the level of social interaction on online platforms, it is unsurprising that there has been an increase in employee disciplinary action, including dismissals, as a result of conduct on social media. What is surprising is that many employers still do […]
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