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When does a heated resignation amount to a real resignation?

It is not unusual for employees to offer a verbal resignation, often in the heat of the moment or during a contentious incident. It is also not unreasonable that employers treat any such resignation as legitimate. However, this is yet another example where Workplace Relations law in practice can vary from an employer’s expectation. In short, these kinds of ‘heated’ or impulsive resignations may lead to potential claims of unfair dismissal where employers rely on them to end the employment relationship.
Blog

Commission muddies the water on whether working from home is a benefit for employees

Since the outbreak of COVID-19 in Australia in March 2020, there has been significant shifts towards working from home across multiple industries. The NSW Personal Injury Commission has now considered in what circumstances being refused the opportunity to work from home may amount to the withdrawal of an employment benefit or transfer, namely for the purpose of a section 11A defence to a psychological injury condition.
  • 6 Dec 2021

Blog

COVID-19 guidance for employers from the safety regulators

While most businesses are returning to more normal operations following rolling lockdowns, it’s not all smooth sailing for employers and managers. Many business and employment decisions on how to best respond to and plan for COVID-19 related impacts are being made with little guidance from Governments or legal precedents.
Blog

Supporting our injured firefighters and emergency service workers – Potential changes to the NSW workers compensation scheme 2021

The NSW government has recently introduced the Motor Accidents and Workers Compensation Legislation Amendment Bill 2021 to make changes to the workers compensation legislation largely in response to the catastrophic bush fire season of 2019. It has since passed the Legislative Assembly and awaits scrutiny in the Legislative Council.
Blog

COVID-19 and Vaccinations – The balance employers need to strike

Australia’s employment laws and regulations can be complex when applied to real world situations. Complexity, change and adaptability are challenges that all business and their employees are having to negotiate across 2021 and into 2022. As COVID adapts into increasingly threatening strains, organisations are forced to respond with new policies and approaches to reflect our changing circumstances. Some, but not all, of those changes are either mandated or guided by Government directions, laws and responses. Additionally, not all government directions cover all situations or industries.
Blog

Are you allocating the right breaks?

When it comes to workers’ rights and paid rest breaks, the Federal Court recently ruled that workers have a “workplace right” to toilet breaks and to drink water while in the workplace.  Why is this important for employers and HR professionals?

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