Performance management, workplace bullying and reasonable management action

The management of employee performance is a key component for every successful organisation. However, performance management by its very nature, is difficult and can often lead to a range of legal risks for businesses. One particularly difficult scenario is where an employee alleges the performance management process, or the way in which performance management is […]

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Modern Slavery Act – impact on Local Government

The Modern Slavery Act 2018 (Cth) (‘Act’) commenced on 1 January 2019 and requires organisations with an annual consolidated revenue of more than $100 million to report annually on the risks of modern slavery within their supply chain. The Act is similar to the UK legislation. Organisations will be required to submit their first report after the […]

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Public servants can be liable for social media posts

In the landmark case of Comcare v Michaela Banerji[1] handed down on Wednesday, the High Court unanimously overturned a ruling that the Department of Immigration and Citizenship imposed an unjustified burden on the implied freedom of political communication when dismissing Banerji because of her contentious political tweets.   Background While employed at the Department of […]

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Human Rights Act – employment claims

The Human Rights Act 2019 (Qld) (HRA), which is expected to commence operation on 1 January 2020, will materially influence public sector decision-making in Queensland by limiting the exercise of government power.  It is essential for public entities to prepare for the new regime as it will place a magnifying glass over decision making. This […]

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Will your Enterprise Agreement pass the BOOT?

The Full Bench of the Fair Work Commission in its recent decision Loaded Rates Agreements [2018] FWCFB 3610 (28 June 2018) held that employers must apply the “better off overall test” (BOOT) to every employee covered by an Enterprise Agreement. The decision involved a consideration of five applications for the approval of Enterprise Agreements containing […]

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Freedom of Association – logos, mottos and indicia

The Australian Building and Construction Commission (ABCC) released new guidance material recently which provides information on the differences between the Building Code 2013 (2013 Code) and the Code for Tendering and Performance of Building Work 2016 (2016 Code) with respect to freedom of association. While both the 2013 Code and 2016 Code provide that a […]

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Industrial Manslaughter offence introduced to Queensland

On 12 October 2017 the Queensland Government passed the Work Health and Safety and Other Legislation Amendment Bill 2017 which was introduced into parliament on 22 August 2017. The Bill introduces the new criminal penalty of ‘industrial manslaughter’ into the State of Queensland under the Work Health and Safety Act 2011 (Qld). This new amendment […]

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