Disputes, Liabilities, Case Law

Unfair dismissal; Conflict resolution; Adverse action claims; rights and responsibilities; Accessorial liability

New Zealand: Windfalls for wayward employees in NZ?

Recent media reporting would have you believe employees are receiving windfall payments for minimal and questionable work. Headlines can be deceiving. Consider for a moment – “Construction company to pay $17,000 to builder with a drinking problem”. Few people would read such a headline and consider a boozy builder to be deserving of a $17,000…

Severe punishment on the horizon for employers under potential new wage theft laws

In Federal Parliament on Wednesday, July 24, the Attorney General and Minister for Industrial Relations, The Honourable Christian Porter MP, said that the Government had “zero tolerance” for wage theft, with the Prime Minister, The Honourable Scott Morrison, stating that the Attorney General was working on laws tackling worker exploitation, which may even extend to…

Australia: biometric data, the Privacy Act, and the employee records exemption

In Jeremy Lee v Superior Wood Pty Ltd,[1] the Full Bench of the Fair Work Commission (FWC) considered the lawfulness of an employer directing an employee to provide their biometric data.  In this case, Mr Lee objected to his employer’s direction to use a fingerprint scanner to sign in and out of his work site, under Superior…

Interim NSW Anti-Slavery Commissioner provides insight on potential future of the NSW Modern Slavery Act

Developments in the area of modern slavery law are progressing rapidly, our regulatory change specialists keep you up-to-date on the latest developments in NSW. While the Commonwealth Modern Slavery Act 2018  (Commonwealth Modern Slavery Act) is in force, the future of the NSW Modern Slavery Act 2018 (NSW Modern Slavery Act) hangs in the balance. As we reported in…

Fair Work Ombudsman Targets the Fast Food, Restaurant and Café Industries

On Monday, 3 June 209 the Fair Work Ombudsman, Ms Sandra Parker, announced FWO’s priorities for 2019 – 2020, altering the agency’s public image from mediator to regulator.  Law enforcement and adherence to Australian industrial relations laws are the top priorities, with a strong focus on targeting “priority industries” which include the Fast Food, Restaurant…

Keeping your finger(print) on the pulse:  Employer’s warned of the risks associated with the collection of biometric data

The everyday use of biometric technology in contemporary society is nothing new. We live in a world where we regularly use fingerprint recognition for home security, facial recognition to open our phones and voice recognition to ask Siri to spice up a party by playing the latest Taylor Swift tune.  Despite the significant advancements and…

Australia: biometric data, the Privacy Act, and the employee records exemption

In Jeremy Lee v Superior Wood Pty Ltd,[1] the Full Bench of the Fair Work Commission (FWC) considered the lawfulness of an employer directing an employee to provide their biometric data.  In this case, Mr Lee objected to his employer’s direction to use a fingerprint scanner to sign in and out of his work site, under Superior…

Blowing the whistle – is your policy up to date?

Summary Effective 1 July 2019, new whistleblower laws introduced by the Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Act) will create an extended set of protections for whistleblowers who make disclosures after that date.1 The Act goes further to mandate that, by 1 January 2020, all public companies, ‘large proprietary companies’ and corporate trustees of registrable…