*Please note that the links to the content in this Part will direct you to Westlaw AU.

The latest issue of the Workplace Review (Volume 6 Part 2) contains the following material:

EDITORIAL

FOCUS ON SOUTH AUSTRALIA

  • Developments in reasonable notice and unfair dismissals – Rick Manuel

FOCUS ON VICTORIA

  • Corporate accessorial liability – Steven Moore

Articles

Who has custody of a police officer’s goatee? Catherine Bembrick

This article discusses the recent Victorian Supreme Court decision in Kuyken v Chief Commissioner of Police [2015] VSC 204 in which Garde J considered whether a new grooming standard imposed by the Chief Commissioner of Victoria Police prohibiting the wearing of “goatees” contravened the Equal Opportunity Act 2010 (Vic) or the Charter of Human Rights and Responsibilities Act 2006 (Vic).

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Elder abuse – an issue for employers? Rick Manuel

With the ageing of the population and an increasing need for elder care facilities, there are appropriate concerns about the need to prevent elder abuse as demonstrated by high-profile media cases in recent years. This article considers elder abuse as an issue for employers and discusses a number of possible matters that may develop in the future.

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Allegations and consequences: How should an employer respond to an employee’s misconduct? Luke Scandrett and Neil Napper

Determining an appropriate response to an employee’s misconduct has often proved to be difficult for many employers. A hasty or disproportionate disciplinary process may result in the employer being embroiled in larger legal issues than the misconduct itself originally presented. In this article, the authors consider recent cases involving employee misconduct and examine the relevant lessons employers can learn from them.

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Recent privacy considerations arising in the workplace – social media and limitations on collection and use by employers of employee-generated content Elizabeth Raper and Philippa Munton

The concept of privacy in the contemporary workplace remains a vexed issue. The recent case law reveals a number of things. First, employees continue to assert the existence of a wider right to privacy than exists under Australian law. Secondly, in the social media context, only very limited forms of communications have been excused on the basis that they are deemed to be “private”. Thirdly, there remains a need for employment lawyers to keep abreast of the limited recognition of privacy rights under Australian legislation, the equitable protections of confidence and case law.

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INTERVIEW

Richard Kenzie: Without fear or favour – industrial relations the Kenzie way by Steven Andrew

SKETCHES

Artwork – by Paul Nisted

COMMON LAW AND GENERAL PROTECTIONS

  • Tattsbet Ltd v Morrow: Employee or contractor? – Andrew Denton
  • Additional comments on “workplace rights” – Victoria Lambropoulos

WORK HEALTH AND SAFETY

  • Drug testing in the workplace – does a worker’s “right” to privacy restrict an employer’s ability to effectively minimise work health and safety risks? – Michael Tooma and Niaz Payne

BOOK REVIEW

  • Ten Pathways to Death and Disaster – Learning from Fatal Incidents in Mines and Other High Hazard Workplaces – Reviewed by Neil Napper

THE LAST WORD …

  • Miscellany of the legal world – Jeffrey Phillips SC

DIARY

For the pdf version of the table of contents, click here: WR Vol 6 No 2 Contents

Click here to access this Part on Westlaw AU