Working from home continues to present legal challenges for employers. Please read our latest update below.

Our employment team has prepared an update on a recent Full Federal Court decision in connection with discrimination and related workplace laws.

With the ‘right to disconnect’ coming into effect on 26 August 2024 (and 26 August 2025 for small businesses), it’s necessary for employers to understand their obligations and prepare for employees to exercise this new workplace right.

Our workplace relations team has prepared a practical guide to navigating common issues that employers face when rostering part-time employees who are covered by an award or enterprise agreement.

Under the Sex Discrimination Act, employers and ‘persons conducting a business or undertaking’ have a legal duty to take ‘reasonable and proportionate measures’ to eliminate, as far as possible:

The recent case of Lau v Moorilla Estate Pty Ltd [2024] TASCAT 58 revolved around a conflict between an artwork, specifically designed to be discriminatory for artistic purposes, and the provisions of the Anti-Discrimination Act 1998 (Tas) (the Act).

The recent case of Lau v Moorilla Estate Pty Ltd [2024] TASCAT 58 revolved around a conflict between an artwork, specifically designed to be discriminatory for artistic purposes, and the provisions of the Anti-Discrimination Act 1998 (Tas) (the Act).

Our workplace relations team has prepared an employer guidance note about shift worker annual leave following a recent decision of the Fair Work Commission.

The Australian Human Rights Commission (the Commission) has released guidance for employers on how to comply with the new positive duty under section 47C of the Sex Discrimination Act 1984 (Cth) (the Sex Discrimination Act).

Recent amendments to the Fair Work Act 2009 expand employee rights to make flexible working arrangement requests.  The changes also require employers to follow a detailed process upon receipt of such requests. The amendments also permit employees to escalate their requests and seek orders from the Fair Work Commission (FWC).

In an interesting decision traversing both industrial relations and public international law, the Federal Court has found that the former Indian High Commissioner to Australia committed significant breaches of the Fair Work Act between September 2015 and May 2016. 

The Victorian Government’s Sick Pay Guarantee Scheme (the Scheme) commenced operation in Victoria on 14 March 2022.  Less than a year after its commencement, attention turned to whether the Scheme’s operation would be expanded as the first year was under budget and uptake by eligible employees was below anticipated levels (see previous article here).