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A Failure to Consult: The Fair Work Commission...

Making logical changes to workplace processes should be simple and straight forward. However, a recent decision of the Fair Work Commission (FWC) confirms that employers still need to make sure they follow the additional step of proper employee consultation, or risk a poor outcome in the Commission. This means managers need to ensure employees' feedback has not only been sought, but also be able to demonstrate how employee feedback has influenced the process and been accounted for in the final outcome(s).  

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Hicksons recognised in Doyle’s Guide 2024

We are delighted to be recognised as a leading law firm in the 2024 Doyle’s Guide across the following categories:

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Special Counsel Kezia David Named Among...

Special Counsel Kezia David recognised among Australasian Lawyer’s Elite Women 2024 for excellence in insurance law.

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A Failure to Consult: The Fair Work Commission confirms even “logical” policy changes and administrative updates require proper employee consultation

A Failure to Consult: The Fair Work Commission confirms even “logical” policy changes and administrative updates require proper employee consultation

Making logical changes to workplace processes should be simple and straight forward. However, a recent decision of the Fair Work Commission (FWC) confirms that employers still need to make sure they follow the additional step of proper employee consultation, or risk a poor outcome in the Commission. This means managers need to ensure employees' feedback has not only been sought, but also be able to demonstrate how employee feedback has influenced the process and been accounted for in the final outcome(s).  
Blog
Industrial Manslaughter – A New Offence for Serious Workplace Safety Failures

Industrial Manslaughter – A New Offence for Serious Workplace Safety Failures

A new offence and serious penalties are now in action across NSW for PCBUs (employers, businesses and the like) and officers (including directors and some senior executives) whose actions or inactions lead to the death of a worker. Although there are no specific new WHS obligations to be aware of, there are new consequences. It is now more important than ever for organisations and senior executives to educate themselves on their obligations under WHS legislation.   
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Does a pay raise in the 52 weeks pre-injury affect a worker’s PIAWE?

Does a pay raise in the 52 weeks pre-injury affect a worker’s PIAWE?

By operation of Regulation 8C, a pay raise has been considered as a change of an ongoing nature to the employment arrangement, resulting in a financially material change to the earnings of the worker.
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Please Stop Talking to Me: Australian Workers NEW Right to Disconnect

Please Stop Talking to Me: Australian Workers NEW Right to Disconnect

The Federal Government has moved to further regulate the relationship between work and home with new Right to Disconnect laws.The laws mean that employees have more control over when and how they choose to respond to communication from their employer outside business hours.  
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Confirmed: The Personal Injury Commission Exercises Administrative Power

Confirmed: The Personal Injury Commission Exercises Administrative Power

The Commission does not exercise judicial power – but rather an administrative power when determining a liability dispute between the State of New South Wales, and a resident of another State of Australia.
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Modern Awards Refresher: A Breakdown of Essential Elements for Employers

Modern Awards Refresher: A Breakdown of Essential Elements for Employers

Often the obvious can be ignored in the business of everyday trading. Increasingly, employees are becoming more aware of their rights at law and under their respective Modern Award.
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Terminating Commercial Contracts – A Quick Refresher

Terminating Commercial Contracts – A Quick Refresher

Done properly, the act of terminating a commercial contract can be an efficient self-help remedy. It can allow a business to change course, stem losses and move on.    Done improperly or without justification, the act of terminating (or purporting to terminate) a commercial contract can make a problem worse. Potentially much worse.     
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Why Just Having Policies And Procedures For Workplace Violence And Sexual Harassment Isn’t Enough?

Why Just Having Policies And Procedures For Workplace Violence And Sexual Harassment Isn’t Enough?

Workplace Health and Safety (WHS) has historically been all about physical injuries and risks in factories and construction sites, but a recent decision of the NSW District Court (the Court) broadened that traditional thinking.
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Employee or Contractor? What the law says about Sham Contracts

Employee or Contractor? What the law says about Sham Contracts

What are the new changes, and how can my business defend itself against sham contracting claims?   Employment relationships can be complex, and understanding how to manage them is often key. Most would think that the law was clear on who is considered an employee, and who is a contractor? In this case, you would be wrong.    
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Permanent Impairment: Is your assessor correctly assessing psychological injuries?

Permanent Impairment: Is your assessor correctly assessing psychological injuries?

In New South Wales, the State Insurance Regulatory Authority (‘SIRA’) provides Guidelines for the Evaluation of Permanent Impairment in Workers Compensation claims. The purpose of the Guidelines is to ensure trained medical assessors consistently provide objective, fair and consistent assessments of permanent impairment.
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Employing Workers On Fixed Term Contracts – The Rules Have Changed

Employing Workers On Fixed Term Contracts – The Rules Have Changed

In the whirlwind of 2023 employment law reform, the unfettered power for employers to engage employees on indefinite rolling fixed term contracts was kicked to the curb from 6 December 2023 (although some industries may still have until 1 July 2024 before these rules apply to them).   A fixed term contract is an employment contract that terminates at the end of an identifiable period, for example, on a specified date or when a specific project is completed. Many businesses use these to engage workers for a two-year period, followed by a second, third, or forth two-year period (for example).  
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Meki Jnr Puletua by his Tutor Sosefina Puletua v Sydney Childrens Hospital [2024] NSWSC 64 – What is a material change in circumstances that could justify resiling from a settlement agreement?

Meki Jnr Puletua by his Tutor Sosefina Puletua v Sydney Childrens Hospital [2024] NSWSC 64 – What is a material change in circumstances that could justify resiling from a settlement agreement?

Following settlement negotiations in a claim involving an infant plaintiff, terms of settlement were signed. In the usual course, a listing date had been allocated for the approval of the terms of settlement by the Supreme Court of NSW.   In the lead up to the infant approving Hearing, the plaintiff’s legal advisors requested that the matter be urgently heard as the plaintiff’s health had suddenly deteriorated and he was now in a critical condition. The Court agreed to hear the matter on Sunday, 14 January 2024 given that it was in the interest of both common humanity and administrative justice for the Court to have the opportunity to deal with the matter during the plaintiff’s lifetime.
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An Employer’s Positive Duty to Prevent Unlawful Sexual Conduct is in Place

An Employer’s Positive Duty to Prevent Unlawful Sexual Conduct is in Place

Since 12 December 2023, your organisation can face a visit from the Australian Human Rights Commission (AHRC). In the latest wave of legislative amendments of the Sex Discrimination Act 1984 (Cth), businesses are required to take additional reasonable and proportionate steps to eliminate, as far as possible, certain unlawful conduct.
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It’s Christmas! Can I direct my employee to take unpaid leave during the end of year shutdown?

It’s Christmas! Can I direct my employee to take unpaid leave during the end of year shutdown?

With Christmas fast approaching, employers and employees will be turning their minds to organising leave arrangements over closedown (or ‘shutdown’) periods.
Blog
Vicarious Liability, Criminal Acts, and Volunteers

Vicarious Liability, Criminal Acts, and Volunteers

Adam Kneale claimed damages from the Footscray Football Club (Club) for injuries, loss, and damage suffered as a result of child sexual abuse by Graeme Hobbs and others. The trial proceeded before a judge and a jury of 6. 

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