The latest issue of Workplace Review (Vol 2(1)) is now available online and will shortly follow in hard copy. As well as our regular Discrimination Section (brought to you by Jacquie Seemann and colleagues from Thomsons Lawyers) and Work Health Safety coverage from Michael Tooma, the wide range of articles and features in this issue will engage both mind and humour.
Featured on the cover is Simon Fieldhouse’s portrait of the federal Workplace Relations Minister, Senator Chris Evans, who was interviewed for Workplace Review by Steven Andrew. Interestingly, there are many parallels as well as contrasts between Julia Gillard and the man who was the first Labor Senator in 100 years to fill the PM’s Chair in June 2008.
From WA, we hear from editorial board member Duncan Fletcher about whether unfair dismissal may be available to the “fat cats” in the West, due to an award made by the State Commission under its pre-Work Choices powers.
Edward Stratton-Smith of Edmund Barton Chambers in Adelaide covers a recent UK case dealing with the question of when dismissal of an employee takes effect. The right to claim for unfair dismissal under our Fair Work Act must be exercised within a certain time period from that event. What if the timing of a dismissal, especially without notice, is uncertain?
One of Workplace Review’s General Editors, Neil Napper, discusses the impact of a Federal Court case which looked at the protection available to union officers and found that employers are very constrained as to what they can do in relation to employees acting in that capacity without breaching the adverse action provisions of the Fair Work Act. Whether the question will be taken to the High Court is something to watch out for.
In NSW, the Court of Appeal has been looking at post-employment restraints of trade clauses – as Chiew & Napper note, when these clauses are well drafted they can be enforceable to protect legitimate business interests from competition. Employers should take note!
Our editorial board member from SA, Rick Manuel, has not shirked from looking at the contentious issue of right of entry under current federal legislation, setting out the fundamental requirements and obligations binding both employer and union.
Elizabeth Kenny of David Allen Legal has taken up another issue that has recently been in the spotlight: sham contracting. This helpful piece looks at the current approach to this matter in the context of the Fair Work Ombudsman’s recent declaration of concern about it.
Don’t miss “Jeff Phillips On the Case” which looks at an appeal court case dealing with enforcement of a discretionary bonus at common law – employment lawyers may share Jeff’s ‘you little beauty’ moment reading this one. And on the lighter side, spend some time in historic and politically important streets of Sydney, revisiting the days of Rodney Cavalier’s time in State politics, the history of the AWU Building, and enjoying chance encounters with the people that you might meet each day.
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