*Please note that the links to the content in this Part will direct you to Westlaw AU. If you are still using Legal Online, the links can be found in the LOLA PDF at the bottom of this post.
The latest issue of the Workplace Review (Volume 4 Part 2) contains the following material:
Defamation: Social media risks for employers – Baron Alder
Employers can be liable for defamatory statements made by employees on social media, even if they have taken no part in or were unaware of the action.
The unlawful termination provisions in the Fair Work Act 2009 (Cth) are central to employee protection under federal law. Section 772(1)(f) prohibits termination of employment for one or more of the following reasons, or for reasons including one or more of the following reasons: race, colour, sex, sexual preference, age, physical or mental disability, marital status, family or carer’s responsibilities, pregnancy, religion, political opinion, national extraction or social origin. This prohibition is subject to the exemption (or exception) in s 772(2), which applies where the reason for terminating the employment “is based on the inherent requirements of the particular position concerned”. There is a delicate balance between the remedial nature of s 772(1)(f) and the requirements of the position which may be reflected in the terms of the employment contract. This article considers the principles which have developed in the case law and their practical application.
Responsible advocacy crucial to legal practice in the Fair Work Commission – Robert McClelland
A lawyer’s prospect of obtaining leave to appear before the Fair Work Commission is no longer a given.
What’s become of the trade unions? – Alex Mitchell
Trade unions are in danger of becoming irrelevant in Australia if they do not undergo democratic reform.
- A sensible and practical approach to unfair dismissal is needed – Rick Manuel
- Policy reform in times of political flux: Janet Albrechtsen calls for a sensible middle ground – by Azadeh Khalilizadeh
- Political Animal: The Making of Tony Abbott – reviewed by Cyrus Achaemenian
- Charles Copeman AM – Natasha Maclaren-Jones
- A wrap up of workplace relations news, events and decisions – Jeffrey Phillips SC