The Friday Workplace Briefing, hosted by Andrew Douglas and Karen Luu: Recent Episodes
Andrew Douglas
The Friday Workplace Briefing is a weekly podcast to update the Australian business community on the most significant developments, issues, and cases across workplace law, with practical suggestions to protect your business and people.
The Royal Commission into Big Build Corruption – What You Need to Know
In our latest podcast, Andrew Douglas is joined by Madelyn Hassan , who is stepping in front of the camera for the first time after helping behind the scenes with the FCW podcast preparation.
Together, they discuss the newly established Royal Commission into the integrity of major Victorian infrastructure projects, including the allegations of corruption, organized crime and serious misconduct, and what the Commission could mean for the construction industry.
We hope you enjoy the discussion — and please join us in welcoming Madelyn to the podcast!
Watch this week’s Friday Workplace Briefing Video here.
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What happens when workplace conflict meets AI?
In a recent Fair Work Commission decision, a body corporate committee was found to have repeatedly behaved unreasonably towards a caretaker, creating a risk to her health and safety and warranting a stop-bullying order.
The decision also highlights an emerging issue for employers and employees: the use of AI in workplace correspondence. The Commission criticised correspondence that appeared to have been AI-generated as lengthy, repetitive and accusatory, while also emphasising the importance of meaningfully engaging with legitimate workplace concerns.
In our upcoming podcast, Andrew Douglas and Kim McLagan will discuss the key findings of the decision and explore what it means for workplace bullying, workplace communications and the growing use of AI in employment matters.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
In this episode, Andrew Douglas and Jim Babalis explore the growing trend of serious criminal prosecutions arising from workplace safety incidents. Using South Australia's first industrial manslaughter prosecution as a starting point, they discuss how regulators are increasingly pursuing significant penalties against companies, directors, and individuals following workplace fatalities.
The conversation also examines recent industrial and workplace manslaughter cases from across Australia, highlighting the evolving legal landscape, the heightened expectations on employers and officers, and the importance of proactive safety management in mitigating both legal and operational risk.
Watch this week’s Friday Workplace Briefing Video here.
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The Federal Government has announced its intention to establish a new Fair Work Court—the most significant proposed change to Australia's workplace relations system in almost 30 years.
Join Andrew Douglas and Jim Babalis as they discuss what this proposal could mean for employers, including how workplace disputes may be resolved in the future, what is currently known, and the potential impact on businesses if the reforms proceed.
While the proposal is still in its early stages and consultation is yet to commence, understanding the direction of these reforms is important for employers looking to stay ahead of workplace relations developments.
Watch this week’s Friday Workplace Briefing Video here.
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When is an employee no longer able to perform the inherent requirements of their role, and when can an employer lawfully rely on incapacity as a reason for termination?
In this session, Andrew Douglas and Jim Babalis will discuss the legal test for termination based on an employee's capacity to perform the inherent requirements of their position, and the key considerations for employers when making these decisions.
Using a recent Fair Work Commission decision as a case study, they will examine how these principles are applied in practice and the important lessons for employers navigating this complex area of employment law.
Join us for an insightful discussion on this evolving area of employment law and the practical takeaways for employers.
Watch this week’s Friday Workplace Briefing Video here.
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General protections claims aren't just an issue for employers and employees—they can also arise in contractor relationships. However, the rights and protections available to independent contractors are not always the same.
In this update, Jim Babalis and Tom Daly explore the limits of general protections claims for independent contractors, including when State laws may give rise to workplace rights under the Fair Work Act, the interaction between State and Federal legislation, and the key considerations for businesses engaging contractors.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
What happens when employers assume safety is simply "common sense" or leave critical safety decisions in the hands of their employees?
In this episode, Kim McLagan and Monnette Samo explore one of the most important principles in workplace health and safety: an employer's duty to provide and maintain a safe workplace cannot be delegated.
Using a recent court decision as the backdrop, we'll discuss why relying on workers to make their own safety decisions can expose businesses to significant legal and financial consequences.
Join us as we examine the key lessons from this important case and discuss what every employer should understand about their ongoing responsibilities under workplace health and safety laws.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
This week, Jim Babalis and Tom Daly will be presenting on what Work from Home means for Victorian employers.
The Victorian Government has introduced proposed legislation that could significantly change workplace rights for employees working from home.
If passed, the Equal Opportunity Amendment (Work from Home) Bill 2026 will introduce a new statutory right for eligible Victorian employees to work from home, creating new obligations for employers and a new dispute resolution framework through VEOHRC and VCAT.
With the first commencement date set for 1 September 2026 (and 1 July 2027 for small businesses), now is the time for employers to understand what these proposed changes could mean for their business.
Whether you're an HR professional, business owner or manager, this vido provides a practical overview of the proposed reforms and the key issues employers should be watching.
Watch this week’s Friday Workplace Briefing Video here.
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**This week, Kim McLagan and Monnette Samo will be presenting on The Key Role of Supervision in Safety.
A recent NSW Industrial Court case serves as a timely reminder of the importance of effective supervision in the workplace. Following a serious incident involving a worker who suffered life-changing burns, the Court found there had been multiple safety failures, including a total failure of supervision.
The case highlights that supervisors play a critical role in ensuring safe work procedures are followed, workers are properly trained and equipped, and hazards are actively managed.
Watch this week’s Friday Workplace Briefing Video here.**
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Recent Full Bench proceedings have provided one of the first significant opportunities to examine how the Fair Work Act's sexual harassment dispute framework operates in practice, particularly where alleged conduct spans periods before and after the commencement of the Respect@Work reforms.
Join Andrew Douglas and Kim McLagan as we explore the key issues arising from this important decision.
This session will provide valuable insights into the evolving operation of the Fair Work Act's sexual harassment jurisdiction and the lessons employers can take from this developing area of law.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
The FWA and Australians Working Overseas: How Far Does Our Workplace Legislation Extend Beyond Australia?
As businesses increasingly engage employees who live and work outside Australia, understanding the reach of Australian workplace laws has never been more important.
In this podcast Andrew Douglas and Jim Babalis explore the circumstances in which overseas-based employees may still be covered by the Fair Work Act, safety, workers’ compensation and other workplace laws. We also discuss how there can be dual obligations with the country of residence further complicating people management.
Join us as we examine how far Australia's workplace laws can extend beyond our borders and what employers need to know when managing an increasingly global workforce.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
Join Andrew Douglas and Kim McLagan as they discuss the Fair Work Commission’s Annual Wage Review and what it means for employers.
The session will cover the impact of the wage review decision on award-covered employees, enterprise agreement employees, and employees engaged under common law contracts, along with key considerations ahead of the 1 July 2026 changes.
Don't miss this timely update on one of the most significant workplace developments of the year.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
Workplace bullying remains a key focus for employers across Victoria, with ongoing developments in workplace health and safety obligations, psychosocial hazard regulations, and employer responsibilities continuing to shape the legal landscape.
As regulators and courts place greater attention on workplace conduct and psychosocial risks, organisations need to stay informed about what these changes mean in practice. In this update, Kim McLagan and Monnette Samo examine the latest developments in Victoria’s bullying jurisdiction and emerging compliance expectations.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
Recent decisions from the Fair Work Commission and the Federal Circuit Court have sent a powerful message to employers and individual workers alike — sexual harassment liability is expanding rapidly, and the financial consequences are becoming increasingly significant. In the second major decision delivered within two weeks, substantial compensation orders were made against individual respondents, including in matters involving non-physical sexual harassment. These decisions reinforce the growing legal, reputational, and psychosocial safety risks facing workplaces that fail to properly prevent and respond to inappropriate conduct.
Andrew Douglas and Kim McLagan will discuss these important developments, the emerging legal trends, and what employers should be doing now to manage risk and meet their workplace obligations.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
When misconduct happens outside of work hours, employers are often faced with a difficult question: should a workplace investigation pause while criminal proceedings are underway?
In this week’s Friday Workplace Briefing, Kim McLagan and Monnette Samo unpack the legal boundaries of investigating employee conduct outside the workplace, including when private behaviour can become a workplace issue and justify disciplinary action.
Watch this week’s Friday Workplace Briefing Video here.
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When is a workplace right not really a workplace right?
It’s a question more organisations are facing as complaints increase - particularly when they may not be raised in good faith. Can you recognise when a workplace right complaint is legitimate, and not made for an ulterior purpose?
Understanding the difference is critical to avoid harm to your organisation. Misusing workplace rights can create significant legal and cultural risks, yet handling these situations incorrectly can be just as damaging.
Join Andrew Douglas and Kim McLagan as they explore where the line is drawn, what the law says, and how employers can respond with confidence.
Stay tuned for practical insights to help you navigate this complex area.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
We’re pleased to share our latest podcast episode, where Andrew Douglas and Kim McLagan explore how reliance by directors on others can create a false sense of security. However, reliance does not remove responsibility. Directors remain ultimately accountable, and where things go wrong, they may still be held liable.
Understanding where reliance ends and responsibility begins is critical in today’s risk environment.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
We’re excited to share our latest podcast episode, where we examine the much-vexed issue of our employee communications with the media - both mainstream and social media.
In this episode, Andrew Douglas and Jim Babalis explore what this means in practice, by looking at the risks, responsibilities, and real-world implications for both employees and organisations. From navigating media engagement to understanding appropriate use of workplace systems, the conversation offers practical insights you won’t want to miss.
Whether you're an employer shaping policy or an employee wanting to stay informed, this discussion will help clarify expectations and spark important conversations.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
In our latest video, Andrew Douglas and a special guest cover an important and often misunderstood topic: Safety Regulator misconduct investigations.
Another case demonstrates safety regulators’ march into general workplace people management—this time focusing on the psychological hazards of investigating misconduct.
It’s scary how far psychological hazard law has extended into the day-to-day management of employees.
Watch this week’s Friday Workplace Briefing Video here.
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There has been a rise in penalty awards for serious workplace safety injuries, bringing increased attention to how organisations manage risk, compliance, and accountability. For many businesses, this shift carries significant financial and reputational implications, making it more important than ever to stay informed and prepared.
In this episode, Kim McLagan and Jim Babalis share their perspectives on what’s driving these higher penalties and how regulators and courts are responding. They also discuss what this means in practical terms for employers, including where businesses are most exposed and the steps that can be taken now to reduce risk.Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
In this discussion, Andrew Douglas and Monnette Samo examine the complex legal issue of double jeopardy in the context of workplace safety and criminal law. While the principle of double jeopardy is intended to prevent a person from being tried or punished twice for the same offence, serious workplace incidents can raise difficult questions when both safety legislation and criminal law apply to the same conduct.
Andrew and Monnette discuss how these situations arise, how courts approach the issue when two different legal frameworks apply to the same incident, and what this means for organisations, officers, and safety professionals. The discussion highlights the increasing overlap between workplace safety enforcement and criminal prosecution, and why understanding these risks is critical for those responsible for governance, compliance, and workplace safety.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
Work-from-home is back in the spotlight, with the Labor government signalling stronger support for flexible work arrangements. Join us this week asAndrew Douglas and Kim McLagan discuss what this actually means for employers.
Recent workplace law discussions give employees greater ability to request flexible work, including working from home, and require employers to genuinely consider those requests. While remote work became common during the pandemic, these changes could further entrench hybrid work as a long-term expectation across many workplaces.
For employers, this raises important questions. Will work-from-home become the norm? How should businesses respond to employee requests? And what are the legal and operational implications?
In this update, we take a closer look at Labor’s work-from-home approach, whether it’s likely to gain momentum, and what employers should be doing now to stay ahead.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
Join us this week as Andrew Douglas and Kim McLagan lead an engaging discussion on the topic “Who Are We at Work?” In this session, they’ll explore the balance between being respected and being liked in the workplace, and examine the potential risks that can come with personal disclosure in professional environments.
Andrew and Kim will help unpack how the way we present ourselves at work can influence relationships, perceptions, and professional boundaries.
We hope you can join us for what promises to be a thought-provoking conversation.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
Andrew Douglas and Tom Daly explore one of the most pressing and complex challenges facing Australian workplaces today: overseas workers, racism, and safety.
As public debate continues to be shaped by anti-immigration rhetoric, it is critical for organisations to focus on the facts. Australia’s economy depends on both skilled and unskilled migrant labour. Beyond filling workforce gaps, overseas workers contribute to innovation, productivity, and cultural strength within our organisations.
Creating a safe and respectful workplace is not just a moral obligation — it is essential to operational stability, legal compliance, and long-term success. Organisations that fail to foster inclusive and culturally safe environments risk reputational damage, regulatory scrutiny, and workforce disengagement.
Join us for a clear, practical discussion on how employers can lead with integrity, strengthen culture, and ensure every worker — regardless of background — is treated with dignity and respect.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
This week, our presenters Kim McLagan and Monnette Samo look forward to sharing key insights and developments from the past week, including an important and timely discussion on workplace sexual harassment.
Courts and Tribunals are continuing to take an increasingly firm approach to sexual harassment claims. Recent decisions demonstrate a clear expectation that employers must take proactive, meaningful steps to prevent harassment before it occurs — not simply respond after a complaint is made. Organisations that fail to implement adequate policies, training, reporting mechanisms, and cultural safeguards are facing significant financial penalties, reputational damage, and heightened regulatory scrutiny.
Prevention is no longer optional — it is a legal and commercial imperative. Taking early, well-documented action not only protects your people but also safeguards your organisation’s reputation and long-term success.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
We’re pleased to welcome Andrew Douglas back for his first Friday Workplace Briefing of the year, joined this week by Monnette Samo.
The landscape of psychological injury claims within Australia’s workers’ compensation schemes is undergoing significant change. With NSW’s new Psychological Claims amendment now passed through Parliament — and other jurisdictions actively seeking to reduce the number of successful psychological claims — employers, insurers, and advisors must be prepared for a shifting regulatory environment.
These developments signal a broader national trend toward reform, tighter thresholds, and increased scrutiny of workplace psychological injury claims. Understanding what has changed — and what may change next — is critical for managing risk, compliance, and workforce wellbeing effectively.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
We’re delighted to bring the Friday Workplace Briefing back to your inboxes for 2026.
This week’s session features Jim Babalis, presenting for the very first time, alongside Kim McLagan, as they unpack a critical workplace issue: medical absence and termination.
The briefing will explore when prolonged absence may allow for termination, particularly in circumstances where an employee has failed to provide adequate medical evidence. Our presenters will discuss key considerations for employers, practical risks, and how to navigate these situations lawfully and fairly.
Join us for timely insights and practical guidance to help you manage prolonged medical absence with confidence.
Watch this week’s Friday Workplace Briefing Video here.
See omnystudio.com/listener for privacy information.
As we head into the festive season, workplace celebrations are gearing up — but so too are the risks that employers need to keep front of mind.
This week, we dive into Christmas parties and employee safety, and Andrew and Kim explore a topic that unfortunately remains all too relevant:
“All I want for Christmas is respect – the never-ending saga of sexual harassment at Christmas parties.” This is the final episode of Friday Workplace Briefing (FWB) for 2025, and we’re signing off until 30 January.
Thank you for joining us throughout the year — we’ve loved sharing insights to help you navigate the ever-shifting workplace landscape.v
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
See omnystudio.com/listener for privacy information.
in the latest episode of Friday Workplace Briefing, Andrew and Nina discuss one of the most timely and challenging issues facing employers today: privacy and out-of-work behaviour — and when it crosses the line into disciplinable conduct. They explore the new case of Margetts v State of Queensland (Queensland Health) (No 2), which clarifies the limits of the landmark case of Rose v Telstra involving out of hours conduct. Interestingly, this case goes against the trend and establishes that employers do not have a right to act on out-of-hours behaviour if there is no causal link to the employment relationship, the business, or its reputation. Tune in to learn how these legal thresholds apply today, and how to navigate the tricky intersection between employee privacy and employer protection.
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
See omnystudio.com/listener for privacy information.
In the latest episode of Friday Workplace Briefing, Andrew and Kim break down a critical issue for employers: how to get your drug and alcohol policy right—and follow it consistently.
Too often, organisations act impulsively and require testing without clear process or explanation. This episode highlights the common pitfalls and offers practical guidance to help you stay compliant and protect your workplace.
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
See omnystudio.com/listener for privacy information.
In the latest episode of Friday Workplace Briefing, Andrew and Tom explore a timely and important topic: why complaining about work online is not a workplace right under general protections.
They explore how employees who air grievances online may unintentionally breach their employment obligations — and the real disciplinary risks that can follow.
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
See omnystudio.com/listener for privacy information.
In the latest episode of Friday Workplace Briefing, Andrew and Nina discuss What Happens When You are Assaulted and WFH-yes, it is Compensable.
Any Physical or Psychological Hazard Experienced Whilst Working from Home that Causes Harm is Both a Safety Issue and a Compensable Injury.
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
See omnystudio.com/listener for privacy information.
In the latest episode of Friday Workplace Briefing, Andrew and Tom discuss the duty of good faith and fidelity when applying for jobs with a client.
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
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In the latest episode of Friday Workplace Briefing, Andrew and Nina discuss Flexible Work, Hybrid Arrangements and Westpac
New Flexibility at Work the Latest Case Will Embolden Primary Carers to Push for Workplace Flexibility
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
See omnystudio.com/listener for privacy information.
In the latest episode of Friday Workplace Briefing, Andrew and Monnette discuss the morally and legally fraught process of Restructuring Out Employees on Parental Leave.
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
See omnystudio.com/listener for privacy information.
In the latest episode of Friday Workplace Briefing, Andrew and Kim dive into the critical topic: Major Risks Require Specialised Advice - The Need for Competency in Major Safety Risks.
When it comes to serious incidents, lack of knowledge is no defence.
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
See omnystudio.com/listener for privacy information.
In this episode, Andrew and Nina discuss SafeWork Meddling in Restructures – New Industrial Risks for Employers
How safety regulators and the Unions are targeting large scale restructuring with improvement notices and industrialising safety
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
See omnystudio.com/listener for privacy information.
In this episode, Andrew and Tom dive into the newly introduced psychological health regulations and Code now in effect in Victoria.
They explore both the highs and lows of these changes — unpacking what they mean in practice and how they could impact you and your organisation.
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
See omnystudio.com/listener for privacy information.
We’re excited to welcome back Monnette for her second Friday Workplace Briefing episode.
In this episode, Andrew and Monnette discuss how many people can be liable in complex contractor relationships?
How safety and the common law pursue legal reasonability from all participants.
Here is this week’s Friday Workplace Briefing Video (link).
See omnystudio.com/listener for privacy information.
We’re excited to welcome Monnette to her very first Friday Workplace Briefing — thanks for stepping in front of the camera and helping us bring the latest workplace news to our viewers! In this episode, Andrew and Monnette dive into a hot topic: Annualised Salaries – When Woolies and Coles Went Rogue They unpack the risks around record keeping and annualised salary arrangements — and why it’s a potential trap for employers.
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
See omnystudio.com/listener for privacy information.
In this episode, Andrew and Nina discuss Huge Penalties for Breach of Whistleblower Protections.
What is a whistleblower, what law protects the Whistleblower and what are the risks of mistreatment of a whistleblower?
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
See omnystudio.com/listener for privacy information.
In this episode, Andrew and Tom discuss Fixed Term Contracts - What are They and When Do They End?
The complexity around fixed term contracts that permit early termination for cause has ended with Full Bench of the FWC giving clarity.
Here is this week’s Friday Workplace Briefing Video (link).
See omnystudio.com/listener for privacy information.
In this episode, Andrew and Nina discuss how OHS industrial manslaughter provisions do not prevent employees from being charged with manslaughter under the Crimes Act.
The safety world often overlooks the risks posed by general crimes legislation as it relates to workplace safety - they should NOT!
Here is this week’s Friday Workplace Briefing Video (link).
See omnystudio.com/listener for privacy information.
In this episode Andrew and Tom discuss how failing to provide training for high-risk activities makes officers liable.
If your business involves high-risk activities and there is inadequate training and no evidence of competence, directors will be held liable.
To view the full episode and catch up with the week’s latest news and developments, please visit this link.
See omnystudio.com/listener for privacy information.
In this episode Andrew and Kim discuss how the high court clarifies when a redundancy is genuine in the context of using contractors.
The scope for exploring whether a job is truly redundant has expanded again with a new High Court decision.
Here is this week’s Friday Workplace Briefing Video (link).
See omnystudio.com/listener for privacy information.
In this episode Andrew and Kim discuss The Curious Case of the Victorian Government and Workers’ Compensation.
First, an amending Act to restrict psychological claims and now a Code of Rights protecting workers — what’s next?
Here is this week’s Friday Workplace Briefing Video (link).
See omnystudio.com/listener for privacy information.
In this episode Andrew and Tom discuss Directors and Due Diligence: Lessons from the Whitemarsh Case.
Directors are facing significant growth in sentencing for safety breaches - the lessons need to be learned quickly.
Here is this week’s Friday Workplace Briefing Video (link).
See omnystudio.com/listener for privacy information.
In this episode Andrew and Nina discuss What is Abandonment of Employment?
Employers are often faced with situations where employees fail to notify their absence, are arrested, or suffer an illness and cannot attend work – but when is such conduct amount to a repudiation of their contract of employment?
Here is this week’s Friday Workplace Briefing Video (link).
See omnystudio.com/listener for privacy information.
At our next Friday Workplace Briefing Andrew and Thomas will be discussing how harshness can override a valid reason, covering the story of a reinstated University professor. A fascinating story about the failure to act promptly on misconduct, and how the Fair Work Commission deals with delays in disciplinary action.
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At our upcoming Friday Workplace Briefing Andrew and Nina Hoang will be discussing Delegates' Rights. Closing the loop has turbo-charged delegates' rights of representation in workplaces — where will it end?
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For this week’s Friday Workplace Briefing Andrew and Nina will be discussing the New NSW bullying regime starting 1 July 2025. NSW’s anti-bullying regime designed to fill the jurisdictional gap goes much further.
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At our next Friday Workplace Briefing Andrew and Thomas will be discussing The High Court, the CFMEU and Administration.
What was the case about, what did the High Court decide and what does it mean to the implied constitutional right of freedom of political expression?
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For our next Friday Workplace Briefing Andrew and Thomas will be discussing the fact that drug and alcohol policies must have thorough consultation and the importance of them being evidence based.
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In this episode Andrew and Kim discuss the growing divergence in national safety laws. As each state and territory continues to move away from the harmonisation promised under the Model WHS laws—never adopted by Victoria—employers are facing increased compliance costs and confusion. The recent bullying amendments proposed by New South Wales serve as a prime example. But why would a state choose to break ranks?
See omnystudio.com/listener for privacy information.
In this episode Andrew and Nina discuss how to determine whether you must (or should) increase pay levels following the Wage Case outcome.
2025 Annual Wage Case – How Much Does It Affect Award and Award Free Employees?
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In this episode Andrew and Tom will be discussing: The Biggest Hazard on Site is Often the People Themselves.
People, and how they make decisions, is the least predictable and highest risk at any workplace.
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In this episode Andrew and Kim discuss how the State Government is seeking to reduce Workers' Compensation schemes exposure to the growth in psychological claims.
As all states and territories struggle under the burden of growing psychological claims, we need to understand future legislative responses — and NSW is particularly alarming!
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In this episode Andrew and Laura discuss: The Ever More Complex World of Franchises.
Franchises often employ young workers with unstable tenure, which is a focus of the Fair Work Commission and the Fair Work Ombudsman. There are lessons for everyone in this issue!
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In this episode Andrew and Nina discuss when and how to use legal professional privilege in conduct investigations.
There are significant risks associated with using legal professional privilege and of it being waived by leadership. Discussion are centered around when to use it, how to use it and the rules that govern it.
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In this episode Andrew and Tom discuss the three new psychological hazards the Australian Government has adopted and how they affect your work.
The Australian Government and Comcare have identified fatigue, intrusive surveillance, and job insecurity as three new common psychosocial hazards. These hazards, along with others, can cause psychological harm in the workplace. The Australian Government’s model Code of Practice: Managing psychosocial hazards at work provides guidance on managing these and other psychosocial risks.
See omnystudio.com/listener for privacy information.
We trust that you had time to reflect and rest over the ANZAC break and are ready for this special Monday delivery of the Friday Workplace Briefing.
In this episode Andrew and Kim discuss the death without inquest of Karla Lee Jordan: The Toxic Culture in the Workplace and the Future of Industrial Manslaughter.
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We hope everyone has enjoyed their Easter celebrations and break and are ready for this special Tuesday delivery of the Friday Workplace Briefing.
In this episode Andrew and Nina discuss: The Victorian Court of Appeal rebalance with Industrial Manslaughter. As fines are higher than ever before, Andrew and Nina focus on the LH Holdings case and what it means.
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For this week’s Friday Workplace Briefing Andrew and Tom will be discussing: What you must prove when you allege industrial collusion between a Union and others (the secondary boycott provisions).
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This week Kim and Nina will be discussing - The Future of Employee Restraint Clauses in Australia. With the announcement in last week's Budget, will the Chalmer’s Budget crackdown on non-compete and related restraints ever come into effect and what will it mean if it does?
See omnystudio.com/listener for privacy information.
This week Andrew and Tom will be discussing workplace flexibility and what are reasonable business grounds?
They will be answering questions such as:
· who can request flexibility?
· what must you do to request this, including the process
· what are reasonable business grounds?
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This week Andrew and Nina are focused on Workers Recording Performance Management and Disciplinary Meetings – What is the Law and Your Powers as an Employer. Understand the process, what you and your organisation can and can’t do.
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In this landmark episode Andrew and Kim are covering ‘What do you do when someone frustrates your capacity to safely return them to work?’
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This week, Andrew and Nina will be sharing their thoughts and recommendations relating to sentencing occupational health and safety offences in Victoria. They will discuss how to prepare your organisation to adhere to the Victorian Sentencing Advisory Council's recommendations and focus on increased penalties for prosecutions.
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This week, Andrew and Tom (in his first Friday Workplace Briefing appearance) will be discussing the new regulations announced by the Victorian Government to protect workers from psychosocial hazards. With Victoria pressing the button on the Psychosocial Hazards Law, is it different from the other states and what will its impact be?
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This week, Andrew and Nina will be discussing why having Labour Hire protects no one in Safety Law and the painful lessons of AH Vision.
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This week, Andrew and Nina explore an interesting case which demonstrates there is a clear difference between how reasonable management action is viewed in both the bullying jurisdictions and workers compensation.
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Welcome to our first Friday Workplace Briefing for 2025.
This week, Andrew and Nina will be discussing the way you terminate - focused on Psychological Damages and Corporate Risk.
See omnystudio.com/listener for privacy information.
This week, Andrew and Kim will be discussing the issue of the Christmas Bully and Harasser - will it happen again? It is important to understand what your duties are as an employer around safe celebrations.
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In this week’s Friday Workplace Briefing, Andrew and Nina will be discussing the impact on organizations of having 'great policy but bad practice' – when your own system proves you are liable.
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In this week’s Friday Workplace Briefing, Andrew will discuss constructive dismissal and when a resignation is not actually considered a resignation.
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For this week’s Friday Workplace Briefing Andrew will be explaining how the latest Supreme Court case on restraints helps us understand the lay of the land when it comes to restraints in the workplace.
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In this week’s Friday Workplace Briefing, Kim and Nina are presenting a special episode in Andrew’s absence; discussing surveillance at work, when it is useful and what the risks are.
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In this week’s Friday Workplace Briefing, Andrew and Nina discuss protecting the identity of the complainant for their safety: what the courts are saying. Complainants often fear reprisals, particularly in bullying complaints. When and under what circumstances can you conceal the names of complainants and witnesses?
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In this week’s Friday Workplace Briefing, Andrew and Kim discuss employees’ continuing desire to work from home and the significant risks for employers related to workers’ compensation and safety law.
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In this week’s Friday Workplace Briefing, Andrew and Nina discuss how culture is king and the impact of flawed leadership on culture. They will cover the Channel 9 review and the safety, employment law, and reputational risks associated with decision making.
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In this week’s Friday Workplace Briefing, Andrew and Nina discuss the risks of not nominating and quarantining the decision maker in an investigation.
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In this week’s Friday Workplace Briefing, Andrew and Kim discuss the risks of using employment or independent contractor agreements for overseas employees and how a recent case has extended employees’ rights under the Fair Work Act.
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In this week’s Friday Workplace Briefing, Andrew and Nina are on the road coming to you from the Alpine Region where they are doing a Mock Court.
They are discussing the emerging new law developing in the Fair Work Commission (FWC) regarding the expanding expectations of fairness during investigations. These critical attacks on historically safe investigations speaks to where the new law is going and what you must do to avoid risks.
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In this week’s Friday Workplace Briefing, Andrew and Nina discuss safety managers pushing back on employers, the protection of anti-discrimination provisions in safety law and what not to do.
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In this week’s Friday Workplace Briefing, Andrew and Kim discuss contractors and genuine redundancies.
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In this week's Friday Workplace Briefing, Andrew and Nina discuss if office jokes and pranks are funny, or just plain wrong.
People respond differently to the same situation and psychosocial hazards and must be considered. How do we preserve a happy working environment without harming?
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In this week's Friday Workplace Briefing, Andrew and Kim discuss the right to disconnect and how that is not necessarily the right to say no to work.
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In this week’s Friday Workplace Briefing, Andrew and Nina discuss the right way to manage pregnant workers.
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In this week's Friday Workplace Briefing, Andrew and Kim give an update on what is happening to the CFMEU. It appears the gloves are off and everyone is after them.
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In this week’s Friday Workplace Briefing, Andrew and Nina discuss how a principal contractor owes duties to other workers on site and how a new Supreme Court case makes this clear.
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In this week’s Friday Workplace Briefing, Andrew and Kim discuss how recent WorkSafe charges of reckless endangerment over a failure to manage fatigue leading to the death of an employee, impacts the workplace.
Recently, WorkSafe have laid charges of reckless endangerment against a company and its sole director over a failure to manage fatigue leading to the death of an employee.
The decision to charge takes fatigue management out of Chain of Responsibilities law and makes fatigue in all aspects of work a high-risk aspect of work requiring review.
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In this week’s Friday Workplace Briefing, Andrew and Nina discuss what is happening with the CFMEU.
Is the CFMEU bad? Or are we bad for allowing it to become what it is? The history of the building industry and its ties to organised crime are well known. What will happen now, what happened in the past and what MUST we learn to stop it happening again. The above is not a political issue, but a leadership issue.
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In this week’s Friday Workplace Briefing, Andrew and Nina discuss what our officers must know to be safe and build safety. Our leaders are facing new safety challenges from their business, the regulators and now the courts.
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In this week’s Friday Workplace Briefing, Andrew and Kim discuss that sometimes the desire to protect a complainant can have terrible consequences. Doing it the right way ensures the victim is safe and the disciplinary process has integrity.
Sometimes the desire to protect a complaint can have terrible consequences. Doing it the right way ensures the victim is safe and the disciplinary process has integrity.
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In this week’s Friday Workplace Briefing, Nina discusses medicinal cannabis and when it is safe to work.
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In this week’s Friday Workplace Briefing, Andrew and Nina discuss negotiating your Enterprise Agreement. After taking us through preparation of EAs last week, this week they are digging into how to do it and the rules surrounding them.
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In this week's Friday Workplace Briefing, Andrew and Kim discuss what are the best processes to follow to review your Enterprise Agreements when they are expiring, so you can get the best commercial outcome for your business.
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HR and safety managers are often asked to bend the rules - what should they do?
In this week’s Friday Workplace Briefing, Andrew and Nina discuss the Duties of HR and OHS Managers to stand up for what is right.
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In this week's Friday Workplace Briefing, Andrew and Kim discuss the standard of proof and process in managing a theft allegation in your workplace.
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In this week's Friday Workplace Briefing, Andrew and Nina discuss the law around inherent requirements of the job and false representations of fitness to work, at the time of employment.
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In this week’s Friday Workplace Briefing, Andrew and Nina discuss how discipline is permitted when there is a misuse of social media to criticise bosses online with work colleagues.
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In this week's Friday Workplace Briefing, Andrew and Kim discuss employers’ rights and obligations when the Union comes knocking.
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In this week's Friday Workplace Briefing, Andrew and Nina discuss when trying to avoid the FWC jurisdiction through the use of Fixed Term Contracts is unconscionable – termination at the initiative of the employer.
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In this week’s Friday Workplace Briefing, Andrew and Qiuyi be discuss 'The Big Drink'. When is last night’s big night too much? They will explore when out of hours drinking makes an employee unsafe to work and risks termination of employment.
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For this week's Friday Workplace Briefing, Andrew and Kim discuss: who will be charged next with Industrial Manslaughter? Who are the safety regulators charging and why? They will also be sharing lessons for employers.
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For this week's Friday Workplace Briefing, Andrew and Kim discuss when HR and OHS Managers can be liable for their actions and examining new case law that is going to explain the do's and dont's.
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For this week’s Friday Workplace Briefing Andrew and Nina analyse when managing conflict tips over to bullying.
In a recent case before the FWC, an employer's sometimes flawed attempts at managing an employee and the conflict that followed was held to not be bulling. - Where do you draw the line, and does it matter for other workplace law like workers' compensation, general protections and safety law?
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In this week's Friday Workplace Briefing, Andrew and Nina discuss the big fight over Award flexibility. The unions push for flexibility unless unjustifiable hardship – where will it end up?
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In this week's Friday Workplace Briefing, Andrew and Nina discuss a significant case before the High Court considering the potential for damages for psychiatric damage from a flawed termination, investigation and disciplinary process.
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When is an offer to settle enough to trigger a costs order?
This week, Andrew Douglas and Kim McLagan tell us what the essential ingredients are for a successful offer of settlement to an employee.
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Andrew and Nina discuss the recent New Zealand case regarding entry into hazardous areas - WorkSafe New Zealand v Whakaari Management Limited [2024].
This case is a reminder of the huge risks involved when these areas are not addressed and managed.
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The Regulators have demonstrated the desire to offer undertakings in serious contraventions of safety law where there have been high consequences.
In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang go through the risks versus rewards around enforceable undertakings.
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In this week's Friday Workplace Briefing, Andrew Douglas and Kim McLagan are taking us through workplace investigations and the challenges that employers may face when conducting them. They aren’t easy – if lawyers can get them wrong, anyone can.
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In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang explain what all the fuss is about regarding the Right to Disconnect. They’ll discuss when it becomes law and how to manage it with your employees. It is not as bad as others are telling you!
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In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang discuss closing the gates on out of hours contact with employees and the Federal Government's latest push to protect workers, focusing on the elements, rationale and implementation of the proposed law.
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Safe Work Australia’s new code of sexual and gender-based harassment is a game changer supporting safety regulators intrusion into traditional workplace law.
In the first Friday Workplace Briefing of 2024, Andrew Douglas and Nina Hoang will be covering the code, all the latest cases and law changes. The Model Code of Practice provides practical and valuable guidelines to mitigate or eliminate the risk of sexual and gender-based harassment in your workplace.
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Welcome to our final Friday Workplace Briefing of 2023.
This week, Andrew Douglas and Nina Hoang will take us through the top 10 issues facing HR, safety and injury management professionals.
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In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang discuss the Secure Jobs reform of fixed term contracts becoming law today, what the new law means, how it operates and how you manage it.
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When an employee leaves or is dismissed, it is tempting to tell the world their failings. Recent cases on non-disparagement and defamation tell an ugly truth to angry employers who don’t hold their tongues.
For this week's Friday Workplace Briefing, Andrew and Nina will be discussing when an employer disparages an ex-employee: the consequences in defamation and reputational damage.
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As the Christmas holiday season approaches and celebrations are underway, we must be conscious of our out of hours conduct.
In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang will be discussing how out of hours conduct is understood in recent case law, when that conduct can affect your employment and how employers should address it.
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In this week's Friday Workplace Briefing, Andrew Douglas will be discussing disability discrimination and reasonable adjustments in the workplace.
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In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang discuss whether damages can flow from psychological injury from termination under an employment contract. By using recent case law, they'll demonstrate why the answer is a resounding no!
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In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang will be discussing the new frontiers of safety law and sexual harassment in the workplace as regulators flex their muscles on psychological hazards.
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In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang will discuss safety in the workplace and the importance of documentation when it comes to managing safety.
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In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang will take us through workplace social media do’s and don’ts, as well as when an employer is and is not allowed to access an employee’s high privacy social media accounts.
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In this week's Friday Workplace Briefing, Andrew Douglas and Kim McLagan discuss the FWC’s new policies relating to contractors and road transport, and the lack of High Court intervention going forward.
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In this week's Friday Workplace Briefing, Andrew Douglas and Kim McLagan discuss a Reckless Endangerment charge for Psychological Hazards given to the Victorian Building Authority (VBA).
The VBA has been charged with Reckless Endangerment in circumstances when it would have been more appropriate as a matter of law, fact, and policy to charge them under Industrial Manslaughter. Why have they been charged? Why not Industrial Manslaughter and what does it mean for every other organisation that has similar risks?
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In this week's Friday Workplace Briefing, Kim McLagan and Nina Hoang discuss the recent labour hire changes under the Closing the Loopholes Bill and what this could mean for your business.
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In this week's Friday Workplace Briefing, Kim McLagan and Nina Hoang explain the Federal Government's Closing the Loopholes Bill so you can understand the new wage theft structure, penalties and actions your business must take to avoid prosecution, jail and penalties.
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There have been recent developments regarding sexual harassment in the workplace, and closing loopholes that undermine pay and conditions.
In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang discuss sexual harassment in the workplace in light of the Fair Work Commission (FWC) issuing its first stop Sexual Harassment Orders, and providing a high level overview of the recently introduced Closing Loopholes bill.
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In this week's Friday Workplace Briefing, Andrew Douglas and Kim McLagan discuss sexual harassment in the workplace.
See omnystudio.com/listener for privacy information.
In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang cover everything you need to know when it comes to driving for work and when doing so, how safety law makes your vehicle a workplace.
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In this week's Friday Workplace Briefing, Andrew and Nina discuss WorkSafe and provide practical guidance on how to manage your relationship with WorkSafe in the event of a serious injury.
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In this week's Friday Workplace Briefing, Andrew Douglas and Kim McLagan discuss how employers can manage employee injuries sustained outside of work.
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In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang discuss questions in relation to employee redundancy, and the significant risks created as a result of the moving goal posts of business restructuring.
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In this week's Friday Workplace Briefing, Andrew Douglas and Mathew Reiman take us through how to frustrate discipline and give advice on living with interventionist courts and tribunals.
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In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang discuss children in the workplace as they are increasingly accompanying parents to work. Cases are now emerging where courts take a dim view towards the practice. What is the answer and how do we do it safely?
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In this week's Friday Workplace Briefing, Andrew Douglas and Mathew Reiman discuss what you should do when a staff member is exhibiting obvious mental health issues and the risks you and your business face when you don’t do the right thing.
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Employee analytics is no longer a choice following psychological safety changes, we must be able to track and respond to employee health and safety issues real time. However, advances and greater reliance on technology and higher utilisation of virtual work means employee performance is more easily captured.
In this week's Friday Workplace Briefing, Mathew Reiman will discuss everything you need to know about employee analytics and how to utilise them successfully.
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Restraints in employment contracts are more common after COVID - but do they work and how will courts respond in the future?
In this week's Friday Workplace Briefing, Mathew Reiman and Nina Hoang discuss the concerns raised by the ACCC regarding non-compete clauses.
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In this week’s Friday Workplace Briefing, we discuss the unique opportunity that recessions offer to look deep inside a business to review people, future trends, capability and current operations - all to be prepared for what the future brings.
Mathew Reiman and Nina Hoang take us through the safeguards and steps that businesses can take in the event of a recession.
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In this week’s Friday Workplace Briefing, we discuss the issue of burnout – what it is and how it is impacting staff and businesses.
Individuals are increasingly beginning to experience the impact of burnout, particularly managers and supervisors, as they try to juggle competing responsibilities and take on too much. It's a very real problem that is often ignored!
Andrew Douglas and Nina Hoang take us through how burnout effects staff and businesses, how you should be responding to it and what you can do to mitigate the effects of burnout in your business.
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Andrew Douglas goes through everything you need to know relating to the latest secure jobs, better pay changes that have recently taken effect.
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Curious about the new frontier of safety prosecutions?
For this week’s Friday Workplace Briefing, Andrew and Nina will be taking us through the why behind regulators focusing on failures of supervision in new large-scale prosecutions.
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For this week’s Friday Workplace Briefing, Andrew and Nina discuss the latest changes suggested around psychological claims management in Victoria.
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There are all types of Awards for discrimination and harassment in the workplace that are on the rise.
For this week’s Friday Workplace Briefing Andrew and Nina take us through the new benchmarks, risks and ways of preventing this rise from happening in your workplace.
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For this week's Friday Workplace Briefing, Andrew and Nina cites a recent Victorian Supreme Court case as they discuss the unconscious bias that can be found in discrimination in the workplace.
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This week, Andrew and Nina discuss employers standing up to drug and alcohol use in the workplace and how the FWC will be offering stronger support in these situations.
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This week Andrew and Nina examine the current wage theft laws and what this means in the future for directors and HR managers.
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At this week’s Friday Workplace Briefing, Andrew and Nina look into the rise of the Fair Work Commission under Labor and what this means for powers over gig workers and independent contractors.
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Mathew and Nina discuss whether or not an employee can refuse to co-operate with a workplace investigation.
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Andrew Douglas and Kim McLagan dive into the truth about the Reasonable Management Defence to workers’ compensation psychological claims.
They will discuss why, just because the worker is wrong, this doesn’t mean their psychological injury claim won’t be accepted.
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HR Managers increasingly find themselves in positions where they know the leadership group are making legally wrong decisions, condoning instead of challenging those decisions is a pathway to personal liability.
In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang discuss when HR Managers are personally in the gun and their potential personal liability.
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This week, Andrew Douglas and Nina Hoang discuss what happens when officers of organisations rush to meet their operational goals, making them careless about well-known practices including their own policies.
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With the use of personal leave surging, employers are left asking what can you do?
Andrew Douglas and Nina Hoang discuss key challenges facing employers across managing personal leave, temporary absence provisions in termination and psychological health.
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This week Andrew Douglas and Nina Hoang discuss what constitutes Sexual Harassment, who is liable and how much damages really are. The truth following Leung v Chung.
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Overwhelming case law says you can’t dodge liability by delegation to a contractor.
This week Andrew Douglas and Nina Hoang talk through the Great Lie - that you can shed risk by using contractors and discuss how you can get it right.
To view the full episode and catch up with the week’s latest news and developments please visit this link.
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In this week's Friday Workplace Briefing Andrew Douglas and Nina Hoang focus on why you need good governance and how to protect your organisation and yourself.
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Managing change in the workplace is a challenge for all employers. Andrew Douglas and Nina Hoang will talk through the changes across Safety, Industrial Relations, Employee Relations, Workers Compensation and People that employers need to address.
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Andrew Douglas and Nina Hoang discuss what you must do to meet the new positive obligations to women in the workplace.
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In our last Friday Workplace Briefing for 2022, Andrew Douglas and Mathew Reiman will discuss FCW Lawyers' predictions for the four major trends in employment and workplace health and safety for 2023; and give you practical tips about how to prepare your business for these trends and challenges.
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In this week's Friday Workplace Briefing, Andrew Douglas and Nina Hoang discuss the discipline process; how to get it right and importantly how to avoid it going very wrong.
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Andrew Douglas and Nina Hoang will discuss the issue of psychological hazards and employers' obligations to proactively prevent these hazards if they are reasonably foreseeable.
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This week Andrew Douglas and Mathew Reiman discuss the impact of the High Court ruling that delivered a huge blow to Host indemnities for recovery actions; as well as giving you a wrap up of some important news and developments.
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Andrew and Nina shine a spotlight on the Newest Regulator Target – Directors to unpack what the Regulators and Courts are focusing on, why there are greater risks for Directors today and what Directors should do.
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Understand the major changes, their purpose and the effect on employers
The Secure Jobs, Better Pay amendments to the Fair Work Act 2009 (Cth) have driven apocryphal commentary from many lawyers. The truth is much simpler and less scary.
Andrew and Mathew explained the major changes using simple case studies so the purpose and the effect of the changes is understood.
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What you need to understand and how to protect your organisation against a claim
Join Kim and Mathew for this week’s briefing where they discussed the rise of adverse action claims. A recent considered decision of the Federal Court has provided an insight into what you need to understand and how to protect your organisation against a claim by quarantining the decision maker.
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Practical tips and tricks for employers dealing with increased absenteesim in a "post-COVID" workplace
In this week’s Friday Workplace Briefing, Kim and Mathew will be discussing the challenging rise in absenteeism in our “post-COVID” workplaces, and the practical steps businesses can take to reduce the frequency and associated legal risks.
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Common mistakes that employers make when enforcing a zero-tolerance policy, and the risks around employees being reinstated if the dismissal was unfair
This week Andrew and Mat discussed the practical implications of enforcing zero-tolerance policies in the workplace.
Learn how to avoid some of the common mistakes that employers make when a policy has been breached and the risks around those employees being reinstated if the dismissal was unfair.3
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What impact would the legislation have on your organisation and how should you prepare for the changes?
This week Andrew and Mathew presented a detailed review of the Anti-Discrimination and Human Rights Legislation Amendment (Respect at Work) Bill 2022, discussing the key changes and what employers will need to change, to better prevent and respond to sexual harassment in the workplace.
To view the full episode and catch up with the week’s latest news and developments please visit this link.
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The legal obligations and ongoing risks around managing safety liability in your organisationJoin Andrew and Mathew for this week's briefing where they will be discussing the legal obligations and liability issues around safety in Australian organisations, following recent cases that affirm the ongoing risk to principals.
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Andrew was joined by Workers' Comp whizz, Kim McLagan, this week for an update on the Workplace Injury Commission and a discussion on managing WorkCover claims, premium exposure and improving return-to-work outcomes.
To view the full episode and catch up the week’s latest news and developments please visit this link.
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Today's episode included several updates from Andrew and Nina, including:
- Fixing the gender pay gap: What have we learnt from the Jobs and Skills Summit, and what employers can do now to build equity and resilience in their organisations?
- A high-profile exclusion of an NDA in a settlement agreement
- New WHS measures for COVID in different states
- Worker jailed over secret economy work
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It's been a busy week in the world of workplace news so we have a bumper update for you this morning, including:
- What's happened so far at the Jobs and Skills Summit
- Anti-vaxxers ordered to pay costs in failed mandate challenge
- Questions around unpaid leave clauses in Modern Awards for the Christmas shut-down period
Andrew and Nina also discussed what happens when workplace investigations go wrong, and how employers can avoid the common mistakes made by others when investigating matters in the workplace
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Your weekly summary of the latest workplace news and legal developments.
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode, the team discusses some of the challenges that employers face in the current recruitment environment, and what those who are considering poaching workers need to consider.
- The war for talent and the potential perils of poaching workers
- What we might expect from Labor’s Jobs Summit
- Unlawful softening of PPE rules
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Gendered violence in the workplace is a serious occupational health and safety issue, affecting well-being and preventing individuals from fully participating in society.
In this week’s Friday Workplace Briefing, Andrew, Nina and Mathew discuss the legal and practical considerations for employers in protecting their workers from harm.
- Workplace Gendered Violence: Who has a duty to stop it?
- Can employers charge for PPE?
- Independent contractor or employee...the debate continues!
Additional resources can be found on the links below:
- Is your workplace doing the right things?
- Who has a duty to stop workplace gendered violence?
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The latest employment trend encourages burnt-out workers to quit their jobs ‘quietly’. The now-viral TikTok video posted last month, explains the concept to followers:
“You’re still performing your duties, but you’re no longer subscribing to the hustle culture mentality that work has to be your life – the reality is, it’s not and your worth as a person is not defined by your labour.”
Andrew and Neath unpack the topic in more detail, including:
- how the employee psyche and workplace behaviour continue to evolve, and
- the elements that employers may be able to influence and learn from in their organisations.
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Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode, Andrew and Nina are back with your essential summary of the latest workplace news and developments including:
- Managing psychosocial hazards at work: Safe Work Australia's new model Code of Practice is now available
- Tackling language barriers around safety: WorkSafe Victoria's new Compliance Code
- The risks of retaliation when managers are frustrated with underperforming employees
See omnystudio.com/listener for privacy information.
Your weekly summary of the latest workplace news and legal developments.
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
Andrew, Nina, and Mathew bring you an essential summary of the latest workplace news and developments including:
- Family and domestic violence leave
- NT to introduce a positive duty for employers
- Reckless conduct charges laid in NSW
- Navigating the latest COVID spike
- Directors doing time for turning a blind eye to safety
See omnystudio.com/listener for privacy information.
Your weekly summary of the latest workplace news and legal developments.
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
Join Andrew, Nina and Mat for the second part of our post-employment restraints series, as they discuss the steps employers can take to: Define a restraint at the start of employment Promote a restraint throughout employment Manage a potential breach of the restraint Enforce a restraint post-employment
The team will also provide an update on the latest workplace news including pandemic leave updates and the introduction of the Victorian Workplace Injury Commission.
See omnystudio.com/listener for privacy information.
Join Andrew, Nina and Mat as they discuss the key elements in planning and executing a successful employee-restraint strategy. Who you need to restrain What you are trying to protect Where (and when) the restraint applies How to structure and enforce the restraint if/when you identify red flag behaviours that could indicate a potential breach
The team also provides an update on the latest workplace news including the Victorian Government's Ministerial Taskforce on sexual harassment, and the latest COVID-related case decisions.
See omnystudio.com/listener for privacy information.
Your weekly summary of the latest workplace news and legal developments.
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode, Andrew and Mat discuss some of the current considerations for employers approaching their next round of EA negotiations. Mat will provides a quick update on what employers need to be aware of as vaccination mandates come to a close.
See omnystudio.com/listener for privacy information.
Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode: How does the law on recording conversations differ across states and territories? When can recorded conversations be used in legal or disciplinary proceedings? What are the key considerations for employers?
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In this week's Friday Workplace Briefing, Andrew and Nina explored the threat of condonation for employers when deciding how to deal with bad behaviour in the workplace.
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How can employers start preparing for the proposed employment policy changes under Albanese's Government?
Join Andrew and Karen as they debrief the election result and the potential impacts on employers: How employers can start preparing for Labor's proposed employment and safety policy updates Is it serious misconduct if an employee does not comply with an employer's policies? The pitfalls of not providing employees with the opportunity to respond before termination
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Join Karen Luu and Nina Hoang for this week's Friday Workplace Briefing as they discuss: What are your legal obligations as an employer? What else do you need to consider when updating your policies around parental leave? What can you be doing more practically to support new or expectant parents in the workplace?
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Performance managing high-risk employees: What is reasonable management action and how is it treated across different jurisdictions Updates to the Equal Opportunity Act in Victoria The test for reasonable additional hours Ambiguity around pre-employment checklists Resignation confirmed to be constructive dismissal
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Qantas Redundancies: Final decision of the Full Federal Court Employee terminated after making a WHS complaint General agreement requirements for Enterprise Agreements Unfair dismissal case involving a curious doctor’s certificate
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Implications of the Federal Election on workplace law Review the latest workplace case decisions Outlining the lessons for employers around employee misconduct, unfair dismissal claims, and workplace health and safety
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: The Implications of using Specialist Contractors When does having a specialist contractor remove your liability for safety management?
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Taking your findings from the investigation to the disciplinary process and follow up with a disciplinary letter based on your investigation. How to do it and how to document it. How to write a disciplinary letter arising from the investigation. What to do and what not to do
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Formalising the fact-findings (the report) Who you share the findings with – and who you don’t Using the findings to identify legal breaches How the findings result in disciplinary action
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Fact-finding in workplace investigations: The Briginshaw 'standard of proof' test when investigating allegations of employee misconduct SA is the latest state to introduce industrial manslaughter legislation A recent case decision about the impact of COVID border restrictions on a valid reason for termination, and the question of reinstatement An unfair dismissal claim for out-of-work conduct
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Employees refusing to return to the workplace: Managing stress-based workers compensation claims Changes relating to the issuing of prohibition notices in workplaces and a broadened range of notifiable incidents The Victorian Sick Pay Guarantee WA's WHS Act and accompanying regulations come into effect on 31 March 2022
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: The new regulations in Victoria around psychosocial risk, and the impact on businesses Protecting the one-third of professional women who are reportedly abused online Recent cases involving employee misconduct related to co-workers
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: WorkSafe Victoria's draft new psychological health regulations Supporting your employees back to work in the absence of a Government Direction The latest case decisions around unfair dismissal, employee benefits, and worker fatality.
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Managing the risks of work travel - how employers can gain clarity on what defines "work" when employees are traveling, and how the different safety laws that apply when traveling outside Australia should be considered when updating your policies and procedures. The latest case decisions relating to the transfer of Enterprise Agreements, COVID consultation, and vaccine mandate dismissals.
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Rethinking talent and resources: How do you ensure you have the right skills and capabilities, in the right place, at the right time? The lastest COVID case decisions on mandatory vaccination dismissals, and an employer who did not pay an unvaccinated worker whilst on sick leave. Duty of care for independent contractors
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: The proposed labour-hire harmonisation plan for Australia Two High Court cases this week indicating a shift from the tests for employees vs independent contractors The decreasing relevance of the Unions and what employers can control, to create positive employee engagement
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Returning to work with Omicron Creating a clear workplace strategy in uncertain times Lessons for employers from the latest cases around Director liability, unfair dismissal, and workplace bullying.
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: HR and Safety Predictions for 2022
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Cancel culture in the workplace
What does it achieve? How to support victims after the ‘end’ of the incident and investigation process The latest mandatory vaccination cases Lessons for employers following recent case decisions around workers' compensation for primary and secondary injuries, and managing Union Official's misbehaviour.
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Fractious employees - who are they, why are they behaving like that, and how best to manage them An update on the Religious Discrimination Bill and the latest mandatory vaccination cases Lessons for employers following recent case decisions around employee IP, discrimination, and workplace safety
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Is the "Great Resignation" a genuine threat for Australia? Investing in culture as your primary retention strategy The latest updates on mandatory vaccinations in the workplace Lessons for employers following recent case decisions around stand-downs and WHS discrimination
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: The role of HR and safety professionals in influencing good disciplinary processes The latest updates on mandatory vaccinations in the workplace Lessons for employers following recent case decisions around employee manipulation and Code of Practice requirements
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Preparing for an effective disciplinary discussion Latest update on mandatory vaccinations in the workplace Lessons for employers following recent case decisions relating to discrimination, unfair investigations, and drug and alcohol use
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Using your organisation's Code of Conduct in the disciplinary process Latest updates on mandatory vaccinations SafeWork Australia release the 2021 Key WHS statistics Australia report Using the pandemic to "disguise" bad terminations
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Your organisation's Code of Conduct:
Why is it important? How does it fit into the organisation’s hierarchy? What are the consequences of allowing employees to breach it? The latest COVID-vaccine mandate updates Recent case decisions on accessing confidential information about employees
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: The latest information on the COVID vaccine mandate Drug and alcohol systems and preparing for the return of workplace functions A review of recent cases around employee misconduct and a labour-hire safety breach
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: COVID vaccination mandates: legal challenges, suspension for non-compliance, and WorkersComp claims. Best practice Drug and Alcohol Policy and Process implementation
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Weight in the workplace: The emerging discrimination issues and the case for inclusion Interrupting unconscious bias A review of recent cases relating to mandatory vaccinations and drug and alcohol policies
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: An onslaught of manslaughter: When regulators reach for the gun Sexual Harassment changes to Fair Work Act A review of recent cases relating to age discrimination and organisational restructure
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Are you ready for casual conversion? What employers need to know, and do, before the 27 September deadline. Further update on mandatory vaccinations. The no-fault indemnity scheme and what to include in your risk review. A review of recent cases relating to independent contractors and employee misconduct.
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: A new narrative around COVID – opening up, not locking down Employee well-being: Monitoring health and happiness through conversations and indexing Vaccinations: Deciding how to incentivise, track and/or mandate Independent Contractor cases to be heard by High Court next week WHS judgment opposes police and employer
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode:
Social media: political views, termination of employment and defamation Mandating the vaccine: Four-tier guidance released by the FWO Victoria's new provisional payments for work-related mental injuries New WA Code of Practice – Psychosocial hazards in the workplace Accrual of long service leave whilst working overseas Critical policies to prevent inappropriate behaviour from employees on social media
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode: A business framework for mandating the vaccine The risks of demoting employees The potential impact of the Workpac decision on independent contractors Critical role considerations before you start recruitment
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode: Employing casual workers following this week's High Court decision The first Australian company mandating the COVID-19 vaccination for all staff Rules around the use of social media channels at work to protect against bullying Are those on work experience considered employees? Managing risks around recruitment including candidate misrepresentation
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode: Validating a potential candidate's claims The five elements of a well-structured position description Managing dishonesty around education, skills and experience
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode: Identifying the inherent requirements - including psychosocial requirements and risks An employer's obligations around discrimination and privacy law, and the impact of candidates lying about their health What (and how) do you ask a potential employee to ensure if an employee lies you can refuse a claim, defeat a common law claim, and terminate their employment)
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: COVID-related health information - what you can ask, and what you can do with the information The impact of COVID on the wellbeing of CEOs and Leaders New OHS penalty and sick leave regimes commencing in VIC
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode: Assessing organisational progress on managing psychological safety What is 'frustration' of an employment contract? The latest cases relating to:
Drug and alcohol policies Host employer safety obligations Reasonable management action
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: Workplace Safety: Victoria outlaws OHS Insurance Industrial Manslaughter in Australia: Different approaches across jurisdictions Criminal conduct outside of work: Spent Convictions Act 2021
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
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In this week's episode: the legal and practical considerations around managing out of work misconduct; International Men's Health week; and the Minimum National Wage increase
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode: Out of work conduct: The law for employees and employers Workplace investigations: Karen’s mindset, methods of work, and tips for conducting Workplace Safety: New WHS laws target gig companies and workers
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode: Workplace Investigations: Privacy pitfalls and the decision-making process Employee Misconduct: Employee urinates on a co-worker Workplace Safety: A new Code of Practice from SafeWork NSW
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week’s episode:
7 elements to managing an ageing workforce Victoria’s 7-day lockdown announcement Strategies for managing an aging workforce Lessons for employers following recent Workers Compensation, Workplace Safety and Enterprise Agreement case decisions.
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode: Valuing your mature age employees: The challenges and opportunities in organisations with an ageing workforce Contractor Management: The Gig economy falls at the first hurdle Unfair Dismissal: Bad procedure and employer pressure leads to reinstatement Workplace Safety: Disobeying rules not severe vicarious liability
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode: Termination of an Enterprise Agreement following mass redundancies The role of training in a safety and HR system Understanding the six elements of a safety and HR system
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week's episode:
How to maintain engagement and productivity in a disrupted business environment Flexibility benefits and documentation; Remote performance management; Settling the work-life argument in flexible work; and New contracts and policy in a flexible work environment.
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
Every Friday at 10:30am, join us online to hear the critical news and developments that affect your workplace. Register now.
In this week’s episode: A roadmap for OH&S Governance Defining “Due Diligence” for an Officer Getting your report structure right
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
In this week’s episode: How we contract, and the risks of templates Design elements for an HR Governance Framework Impact of surveillance on workers’ compensation claim General Protections claim in response to Performance Improvement Plan (PIP)
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
In this week’s episode: Developing a mental health framework for your organisation (Part 2) Work-related functions causing injury When stress is compensable for a physical injury Union officials entering a site for a safety-related matter
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Every Friday at 10:30am, join Andrew Douglas (FCW Lawyers), and Karen Luu (Found Consulting) online, as they address the pressing topics and questions impacting your business and people. Keeping it simple, pragmatic and to 30 minutes.
In this week’s episode: Amendments to the Sex Discrimination Act Sexual Harassment added to the definition of “serious misconduct” in the Fair Work Act Infection control policies HSU v Huntington Specifying location in a contract LWB v Smith Developing a mental health framework for your organisation (Part 1 of 2)
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
In this week’s episode: An update on the IR Omnibus Laws When they come into effect, and how they affect you Capability mapping fundamentals Essential elements of a sound capability matrix Conducting a restructure lawfully The six elements all employers should be across
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
In this week’s episode: Managing gender inequality in the workplace; and Restructures and redundancy – the business case and opportunities, inc. 5 key planning stages before undertaking a restructure
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Case Law Updates:
Principles around Drug and Alcohol Policy outside working hours AMWU v Santos Termination for misuse of company credit card Sherry v Toyota Rethinking Human Capital Mapping your strategic priorities to meet changing needs Big Workplace Challenges in 2021 The second part of our series on preparing for your EA negotiations
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
In this week's episode: Case Law Updates:
Workers Compensation: Joke threats Rode v Hinterland Motor Workplace Safety: Near-miss breaches Campbell v White Big Workplace Challenges in 2021
2: Preparing for your EA negotiations
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting). Register to join live next week.
In this week's episode: The IR Omnibus Bill: An update on what's happened this week Redundancies during COVID: Sposito v Maori Chief Hotel Workers’ compensation for bad RTW from non-compensable injury: Nguyen v State of NSW Employee vaccinations: Your questions answered
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting). Register to join live next week. Case Law Updates - Non-JobKeeper stand-downs under the Fair Work Act: PGS v IEU - Extension of Duty under OHS/Common Law: Clark v Schneider - Terminating employees for unsubstantiated allegations A further update on mandating vaccinations - New FWO and SafeWork Australia Guidelines on COVID-19 safe plans Big workplace challenges in 2021: - #1: Getting employees back to work
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Your weekly summary of the latest workplace news and legal developments, presented by Andrew Douglas (FCW Lawyers) and Karen Luu (Found Consulting).
In this week's episode: Can I require employees to be vaccinated against COVID-19? The IR Omnibus Bill Insights on a recent case decision related to terminating a labour-hire employee (CUB v Johnson and Chelgrave).
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Our last session for 2020, with a bumper quiz of workplace case studies to summarise some of the key learnings for employers this year.
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Your weekly update on the latest critical news and developments that affect your workplace, presented by FCW Lawyers.
Catch up on this week’s episode covering: Employment law: - Mandatory Licence and terms of contract - Lying during investigations Managing RTW in a post-COVID world - Part 4: Hear how other organisations are managing this process
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Your weekly update on the latest critical news and developments that affect your workplace, presented by FCW Lawyers.
Catch up on this week’s episode covering: COVID/JobKeeper update: - Stand down when reduction in work cf Qantas - CFMEU v Hutchison Ports – stop work for COVID Managing RTW in a post-COVID world: Flexible work arrangements policy Rossato v Workpac: Special leave – what does it mean? DA v Baptist Care: Limitations on work AMWU v CSL: Acting in the best interests of the business, and the second job CFMEU v ABCC: Safety rights of entry
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Your weekly update on the latest critical news and developments that affect your workplace, presented by FCW Lawyers.
Catch up on this week’s episode covering:
COVID/JobKeeper: - Abandonment of Employment case, - Reduction of redundancy payments - JobKeeper “work when you like” termination Part 2: Managing RTW in a post-COVID world - Consultation Inherent requirements and wrongful termination Case study: Fit for work When a casual is not a casual Safety as an industrial tool: Unlawful industrial action
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Your weekly update on the latest critical news and developments that affect your workplace, presented by FCW Lawyers.
Catch up on this week's episode covering:
• Managing RTW in a post-COVID world (Part 1 of 5) • Awards: FBFWC extend COVID flexibilities until March • Industrial Law: Unionists brawling on paid delegate leave • Safety: Further guidance on penalties for gross negligence • Serious Incident Management (Part 4 of 4): Pleading guilty, plea deal, enforceable undertakings and trial • COVID and Facebook: Reasonable management action of rapid investigation following post and discipline
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Your weekly update on the latest critical news and developments that affect your workplace, presented by FCW Lawyers.
Catch up on this week's episode covering:
• COVID, WFH and risk assessments - how mistakes happen • Part 2 of Serious Incident Management: Consultation and communication - the role of legal professional privilege (LPP) • Reasonable Management Action and the weird world of workers’ compensation
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Your weekly update on the latest critical news and developments that affect your workplace, presented by FCW Lawyers.
This week's episode provides an update on:
• COVID politics • Changes to commercial leasing in Victoria • Employment law - doing nothing is not "condoning" • Part 1 of our new 5-part series on Serious Incident Management • The different awards for sexual harassment based on jurisdiction • Conference injuries - when are they compensable?
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Your weekly update on the latest critical news and developments that affect your workplace, presented by FCW Lawyers.
This week's episode provides an update on:
• COVID-19: The Clerks Award, JobMaker and pandemic leave • Safety lessons for employers "on the road" • Part 5 of our bullying, harassment and discrimination series
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Your weekly update on the latest critical news and developments that affect your workplace, presented by FCW Lawyers.
This week's episode provides an update on COVID-19: JobKeeper covering the Qantas v. Flight Attendants Union case and Award flexibility.
We cover off on a number of interesting case updates, highlighting the lessons for employers employers when dealing with: - unfair dismissal (Lear V BHP) - safety (WorkSafe v Ardent)
We also introduce Part 4 of our Bullying Harassment and Discrimination series which looks at sexual harassment.
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Your weekly update on the latest critical news and developments that affect your workplace, presented by FCW Lawyers.
This week's episode provides an update on COVID-19: JobKeeper Update covering new Regulations, the Safety Code of Practice and Award extension.
We cover off on a number of interesting case updates, highlighting the lessons for employers employers when dealing with: - unfair dismissal claims; - social media defamation and bad behaviour; and - replacing old employee agreements.
We also introduce Part 3 of our Bullying Harassment and Discrimination series which looks at long term injury and stress claims.
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Your weekly update on the latest critical news and developments that affect your workplace, presented by Andrew Douglas and Karen Luu, FCW Lawyers.
This week's episode covers:
COVID-19: JobKeeper Update
Corporate crime: Systematic misconduct Part 2 of our Bullying, Harassment and Discrimination series. A number of interesting case updates, highlighting the lessons for employers in:
Refreshing contracts in line with promotions;
Redundancy subterfuge and adverse action;
Redundancy reduction;
Suitable alternative employment; and
Not listening to your own doctor.
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Your weekly update on the latest critical news and developments that affect your workplace, presented by Andrew Douglas and Karen Luu, FCW Lawyers.
This week's episode covers: COVID restrictions across Australia and VIC - where to from here? QLD introduces Wage Theft legislation, like VIC - what does it mean? NSW's draft Code of Practice for managing the risks to psychological health. Part 1 of our Bullying, Harassment and Discrimination series. A number of interesting case updates, highlighting the lessons for employers in:
investigating potential terminations; treating employees badly when they complain; and restructuring with no consultation.
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Your weekly update on the latest critical news and developments that affect your workplace, presented by FCW Lawyers.
This week's episode covers: 1. JobKeeper passes parliament and the consultation cases roll on 2. Employment law - perfect performance management and bad investigations 3. Carers’ responsibilities and roster changes - IR meets discrimination law 4. Safety responsibilities to non-employees 5. Reasonable Management Action - workers’ compensation 6. The last wrap on Contractor Management and case study
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In this week's episode we explore: State and Federal response to COVID-extension of JobKeeper entitlements Employment case on when terminate for not fit for work on noncomplying employee, failed allegation of bullying to stop termination and misuse of cloak of redundancy for what was a performance issue. Contractor Management Part 3 - managing the contractor and the case study Safety Law - the power of good policy New IR law around Super
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This weeks episode explores: - Evolving role of government in amid the Covid crisis including JobKeeper and mandatory testing Due Diligence tests in Safety Law Specialist contractors - contractor management Employees allegedly feigning illness in workers compensation cases Objective tests - employment law
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This Episode of the Friday workplace briefing includes commentary on Case Study Investigations Pt 4 Recent Cases
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Todays podcast covers: - The Mondelez decision https://fcwlawyers.com.au/actu-plea-for-legislative-change-to-reverse-mondelez-decision/ Jobkeeper - omnibus legislation & stand down provisions Contractor Management- busting the myths
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This weeks podcast includes commentary on the following:- Update on Jobkeeper, workplace notification & Covid19 Industrial manslaughter Part III on investigations
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The topics included in this weeks podcast include:- Investigations - Part 2 - legal privilege Jobkeeper 2.0 Omnibus legislation concerning leases Recent cases
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Friday 17th July 2020
Andrew Douglas and Karen Luu share their #SixWeekChallenge goal.
Andrew provides and update on the latest developments and cases/decisions across workplace and safety law.
Karen and Andrew deliver Part 1 (Part 1 of 4, across 4 weeks) of Workplace Investigations.
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