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Legal Updates

Legal Updates

Published guidance on how employers can comply with positive duty to stop sexual harassment

Posted on September 07, 2023

In August 2023, the Australian Human Rights Council (AHRC) published its guidelines for complying with the Positive Duty under the Sex…

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Work, Health and Safety: What are my obligations?

Posted on August 31, 2023

Under Work Health and Safety legislation, a person conducting a business or undertaking (PCBU) has a primary duty of care and must, so far…

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High Court finds employer not vicariously liable for "negligent urination" by employee

Posted on August 24, 2023

In the recent decision of CCIG Investments Pty Ltd v Schokman [2023] HCA 21, the High Court has held that an employer was not vicariously…

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High work demands and poor change management = Psychosocial Hazards

Posted on August 10, 2023

Recent case studies published by Comcare (the national work health and safety authority) reveal that two unnamed Australian Public Service…

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Should you be paying your contractors super?

Posted on July 13, 2023

Last year the High Court handed down the landmark decisions of Personnel Contracting[1] and Jamsek[2], which set out the applicable legal…

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What is the difference between an employee and an independent contractor and why should I care?

Posted on July 06, 2023

An employee and an independent contractor have different rights and obligations. This is why it is important to understand the difference…

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What are restraint provisions in employment contracts and why are they important?

Posted on June 22, 2023

Restraint of trade provisions are included in employment contracts to protect an employer’s legitimate business interests, such as trade…

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FKP Commercial Developments Pty Ltd v Zurich Australian Insurance Limited [2022] FCA 862 - What are “professional services”?

Posted on June 09, 2023

The recent decision of Justice Jagot in FKP Commercial Developments Pty Ltd v Zurich Australian Insurance Limited [2022] FCA 862 is a good…

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Closing the gender pay gap – changes to mandatory reporting requirements

Posted on June 08, 2023

On 30 March 2023, Parliament passed the Workplace Gender Equality Amendment (Closing the Gender Pay Gap) Act 2023 (Act), which is aimed at…

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The end for zombie agreements! What you need to do

Posted on May 26, 2023

Zombie agreements will soon be a thing of the past, as new changes to the Fair Work Act 2009 (Cth) (FW Act) include the sunsetting…

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