At Work e'Newsletter December 2010

Monday, 13 December 2010

Welcome to the December 2010 edition of At Work, the HWL Ebsworth Workplace Relations and Safety practice group e'Newsletter.
 
At Work will provide you with timely, practical and meaningful updates on pertinent issues in the
ever-changing landscape of employment law and industrial relations.
 
We trust that you find the information in this edition useful.

1. Ron McCallum joins the team / The Fair Work Act in 2011 and Beyond
HWL Ebsworth is proud to announce that Professor Ron McCallum AO, Australia’s pre-eminent expert in labour law, has now joined the firm as a consultant with its Workplace Relations and Safety practice group.
 
In this piece, Professor McCallum gives us his insights and predictions into the Fair Work Act and employment developments for the coming year and beyond.

To read full article click here.

2. Managerial & Executive Office Termination Benefits – Will you get paid what you think?
Twelve months after their commencement, the Federal Government’s substantial tightening of the Corporations Act provisions requiring shareholder approval of termination benefits in response to the Global Financial Crisis appear to remain dangerously overlooked by many companies and senior executives.
 
To read full article click here. 

3. Paid Parental Leave – What it will mean for your business
As of 1 January 2011 the Federal Government’s Paid Parental Leave scheme will provide up to a maximum of 18 weeks of government-funded leave at the Federal Minimum Wage for eligible parents of children born, adopted or placed on or after 1 January 2011.

To read full article click here.

4. Oblivious HR Manager Guilty Of Sham Contracting
Despite having acted on the directions of his employer and being entirely unaware that his actions were unlawful, a Sydney HR manager has been prosecuted and faces financial penalties for his involvement in sham contracting arrangements.
 
To read full article click here.

5. Restrained for 12 months – Court says restraint of trade is valid 
In a landmark decision, the NSW Court of Appeal in Ross & Anor v IceTV upheld the validity of a restraint clause that prevented two executives from soliciting clients or competing with their former employer’s business for a period of 12 months.
 
To read full article click here.

6. Unfair dismissals under the Fair Work regime – Useful lessons for your business
What lessons and tips can employers draw from the operation of unfair dismissal laws in the first twelve months of operation of the Fair Work Act? In this article we look at some statistics and trends which developed in unfair dismissals between July 2009 and June 2010, and draw some useful tips regarding how to minimise legal exposures for your business in relation to unfair dismissals.
 
To read full article click here.

7. General protections and adverse action – a new avenue for redress, or a dead end for complaints? 
Since their introduction into Australian employment law in the Fair Work Act, the general protections and adverse action provisions have been the subject of uncertainty and curiosity from employers and employees alike.
 
To read full article click here.

8. Redundancy and Redeployment Obligations
In finding that the dismissal of six employees of Ulan Coal Mines Limited were not genuine redundancies, a full bench of Fair Work Australia has handed down its first ruling on redeployment obligations into related companies.  
 
To read full article click here.

9. Sick leave: What evidence can you ask for?
Can an employer require that an employee provide further details about the reason that an employee is applying for personal/carer’s leave? Do the provisions of the Privacy Act have any effect in relation to this issue?

To read full article click here.