FAQs matching Work Issues

Can employees on maternity leave be discriminated against?

Practice Areas: Discrimination

In Thomson v Orica Australia (2002) 116 IR 186; [2002] FCA 939, the Federal Court found that the respondent had engaged in direct discrimination...

How are enterprise agreements made?

Practice Areas: Employment Law, Employment Agreements

Upon the conclusion of the bargaining process and a draft agreement has been created, a number of steps are to be followed to ensure the validity of the...

Can a notice of resignation made at an emotional moment or under duress be withdrawn?

Practice Areas: Employment Law

Although the autonomy of the individual has been recognised, the common law does make a qualification where the retraction of notice may be permissible...

Do children have the capacity to enter into an employment contract?

Practice Areas: Employment Law

The general rule of capacity to enter into a contract is still applicable when it comes to employment contracts and minors. If we look towards the common...

Does an employer have to provide a reference if you ask for one?

Practice Areas: Employment Law

Before exploring the legalities in regards to employment references, we should perhaps begin with the more basic question, on whether or not an employer...

If I'm injured at work, when can I apply for compensation?

Practice Areas: Employment Law - Worker Perspective, Employment Law - Employer Perspective, OHS, Industrial Relations, Employment and Human Resources

If an employee is injured carrying out their duties, and the work undertaken was a significant contributing factor towards the injury or disease suffered,...

What are the characteristics of an independent contractor?

Practice Areas: Employment Law

In trying to ascertain whether or not an employee is a contractor, a useful gauge is to look at the relationship between the employer and employee with...

What happens to an employment contract if there is a change to position or remuneration?

Practice Areas: Employment Law

For the most part, employers may make changes to the position and remuneration without the need to vary or terminate the contract – but it is a matter...

Are employers required to act fairly?

Practice Areas: Unfair Dismissal

It may be surprising for some readers to learn that there is no implied common law obligation for an employer to act fairly in relation to investigative...

What are the general confidentiality and contractual obligations associated with employment contracts?

Practice Areas: Employment Law - Worker Perspective

Generally, a contract of employment will have both express and implied obligations to ensure the employer’s confidence. In Deta Nominees Pty Ltd...


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