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Articles and Publications

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• Employment

• Industrial Relations

• Discrimination

• Corporate and Commercial

• Occupational Health and Safety

Employment Law

• Security company responsible for assault by employed security guards - 11 December 2007
• Labor's Policy for Young Workers - 19 November 2007
• The consequences of failing to conduct a proper investigation - 13 November 2007
• Employer fined $170,000 for applying duress to employees over AWAs - 13 November 2007
• Compliance with the code pf practice for the building and construction industry - 30 October 2007
• Employer and managers fined for applying duress - 30 October 2007
• Annual leave payment determined by NSW Annual Holidays Act despite WorkChoices - 16 October 2007
• Dismissal of employee who dobbed on employer justified - 16 October 2007
• Casual employee ineligible to bring unfair dismissal claim - 2 October 2007
• Employee who refused to follow lawful instruction validly dismissed - 2 October 2007
• When will out of work conduct amount to sexual harassment - 18 September 2007

• Statement in Company Policy part of employment contract - 30 August 2007

• No guarantee of overtime and therefore no constructive dismissal - 21 August 2007

• Flight steward who took chocolates from plane wins job back - 21 August 2007
• Employee on sick leave with medical certificate loses unfair dismissal claim - 7 August 2007
• NSW Supreme Court reinforces restraint clauses upon two executives - 7 August 2007
• Employer applied unlawful duress when it offered an AWA to a casual waitress - 24 July 2007
• Refusal by an employee to be reassigned is not a "genuine operational reason" for termination - 24 July 2007
• Employees fail in "operational reasons" termination claims - 15 May 2007
• Employee dismissed for bullying was not dismissed for operational reasons - 1 May 2007
• Court enforces restraint of trade provisions - 20 March 2007
• Supreme Court of NSW recognises implied duties in employment contracts - 20 March 2007
• Making alternative offers of employment to avoid redundancy - 6 February 2007
• Employees terminated for accessing pornography may be reinstated - 23 January 2007
• Dismissal: what are genuine operational reasons? -28 November 2006
• The importance of computer usage policies - 14 November 2006
• Dismissal for Operational Reasons - 31 October 2006
• Alternatives to challenging workplace investigations - 17 October 2006
• Constructive Dismissal - Employees bear the onus of proof - 3 October 2006
• Employer liable for unprovoked assault by employee - 5 September 2006
• Employer responsible for criminal negligence of its staff - 5 September 2006
• Breach of policies leads to massive damages award - 22 August 2006
• Sales Manager prevented from poaching clients - 22 August
• Standard form contract clause costs employer $2.4 million - 25 July 2006
• Can employees be made to sign AWAs on promotion - 25 July 2006
• Genuine operational reasons stop unfair dismissal claim - 11 July 2006
• Employee denied car due to incentive program - 11 July 2006
• Employer's duty of care to independent contractors - 18 April 2006
• No excuses for bad supervisor behaviour - 4 April 2006
• Regular casual employees gain right to convert to permanent - 21 March 2006
• Compensation for psychological injury - 21 March 2006
• NSW IRC has power to reinstate employees covered by a federal award - 7 March 2006
• Settlement agreement stymies unfair dismissal bid - 7 March 2006
• Driver sacked for calling talk back radio gets compensation - 21 February 2006
• Network Ten fails to prevent news presenter leaving - 7 February 2006
• Deliberate peanut contamination justifies dismissal - 7 February 2006
• Unfair dismissal claims; claims for reinstatement in NSW - 24 January 2006
• New National Workplace Relations Laws Update - 8 November 2005 (PDF)
• Liability for pre-employment representations - 20 September 2005
• Reinstatement means what it says - 26 July 2005
• Australian Industrial Relations Commission clarifies 'remuneration' - 26 July 2005
• Super Choice: Spoilt for Choice - July 2005
• ABLaw: The New Workplace Laws: A Natural Progression
• Termination for failing to disclose medical history not unfair - 28 June 2005
• Employee reinstated despite breaching no smoking policy - 14 June 2005

• Stress claims produce mixed legal messages - June 2005
• Unfair dismissals - how employers can avoid the heat - June 2005
• Employment Contracts explained - June 2005

• Mentally ill worker reinstated after being terminated - 17 May 2005
• Some seasonal workers can make unfair dismissal claims - 17 May 2005
• The psychiatric liabilities of excessive workloads - 3 May 2005
• Relocation can attract redundancy payments - 3 May 2005
• Sexual harassment and unfair dismissal: where does travel begin and work end? - 5 April 2005
• Second probation period rules employee out of unfair dismissal claim - 22 March 2005
• A quandary of awards, good pay and unfair dismissals - 22 March 2005
• Redundancy and a 'fair go all round' - 8 March 2005
• 12 months' notice for 3 years work - 8 March 2005
• Dismissal of an employee who ignored safety requirements - 22 February 2005

• New employment contract may amount to a dismissal - 22 February 2005
• Mergers and Acquisitions: Employing Employees - 8 February 2005
• Effectively drafting and enforcing restraints of trade - 8 February 2005
• Employer Liable for Indemnity Costs After Losing Restraint Case - 30 November 2004
• Dismissal Following Refusal To Undergo Alcohol Test Harsh - 30 November 2004
• Employer Liable for Illegal Act of Employee - 17 November 2004
• Employer - Unable to Recover Overpayment of Sick Leave - 17 November 2004
• No unfair contracts claims by employees who earn over $200,000 - 2 November 2004
• Store worker who could not lift fails to get job back - 19 October 2004
• Employee loses appeal over sacking for non performance of duties - 19 October 2004
• Unfair termination for storage of pornographic material - 8 September 2004
• Termination for poor performance upheld - 25 August 2004
• The implied duty of mutual trust and confidence revisited - 11 August 2004
• Employee ordered to repay training costs - 14 July 2004
• 000 caller told to watch the news - 14 July 2004
• Casual employee prevented from bringing unfair dismissal claim - 30 June 2004
• Federal Court Finds Company and Manager Guilty of Contempt - 30 June 2004
• Labour Hire Company could be the true Employer - 16 June 2004
• The law of return to work plans - 5 May 2004
• Workplace fights and termination decisions - 21 April 2004
• Transfer of an employee between work sites - 7 April 2004
• Falsified overtime claim - 7 April 2004
• Employer may not have Rights to an Employee's Invention - 10 March 2004
• Urine sample - No way! - 25 February 2004
• Should you be paying your contractor's super? - 28 January 2004

Industrial Relations

• Right of Entry Laws Under Labor - 17 December 2007
• Australian Workplace Agreements - What to Expect - 27  November 2007
• Labor's new IR Laws - 26 November 2007
• Labor's Policy for Young Workers - 19 November 2007
• State award conditions may still apply to federal system employers - 10 July 2007
• Annual leave loading and remuneration caps - 12 June 2007
• AWAs need witnessing to come into effect - 12 June 2007
• State Awards can still bind corporations despite WorkChoices - 23 January 2007
• Terminating an AWA - 2 May 2006
• Unions are responsible for their members' actions - 2 May 2006
• New National Workplace Relations Laws Update - 8 November 2005 (PDF)
• Labour hire clauses in certified agreements - valid or not? - 9 August 2005
• Validity of no extra claims clauses in certified agreements - 9 August 2005
• Disputing a Commission's powers of jurisdiction - 12 July 2005
• Excluding a union representative in non-union agreements - 12 July 2005
• The New Workplace Laws: A Natural Progression - 31 May 2005
• Electrolux Update - AIRC Full Bench considers what pertains - 19 April 2005
• Workplace Reform Depends on Ministerial Mettle - 8 February 2005
• The certification of agreements post Electrolux - 14 December 2004
• Enterprise Agreements and the business of relocations - 22 September 2004
• The making of Greenfield Agreements for new projects - 22 September 2004
• Defining a union's right of entry: WA - 8 September 2004
• Termination of employment does not mean industrial action - 2 June 2004

Discrimination Law

• Unwell employee dismissed for abandonment reinstated - 27 November 2007
• Unfair dismissal exemption - 100 employees or less - 27 November 2007
• Racial discrimination - acting promptly minimises damages - 10 July 2007
• Age discrimination unlawful at Virgin Blue - 1 May 2007
• Re-employment ordered for sexual harasser - 17 April 2007
• Unfair dismissal laws: probation periods versus qualifying periods - 17 April 2007
• Child care responsibilities outlined - 3 April 2007
• Racial discrimination and compensation for mental injury - 6 February 2007
• Candidate on sexual harassment and discrimination claims under WorkChoices - 13 June 2006
• Take care when workers need to see a doctor - 30 May 2006
• Qantas ordered to reinstate a medically retired employee - 16 May 2006
• Virgin Blue treated older candidates differently to younger candidates - 16 May 2006
• Big damages for workplace bullying - 18 April 2006
• Mother refused part-time work succeeds in discrimination claim - 21 February 2006
• Virgin Blue cops rap over age discrimination knuckles - 1 November 2005
• Pregnancy discrimination and parental leave gain prominence - 18 October 2005
• New Disability Standards - Implications for Education and Training Providers - September 2005
• Sexual harassment in employer provided accommodation - 23 August 2005
• Minors and miniskirts - recent sexual harassment cases - 31 May 2005
• Discrimination laws aren't a brick wall - April 2005
• Pitfalls in the Recruitment Cycle: Age Discrimination - 25 January 2005
• Restructuring while an Employee is on Maternity Leave - 2 November 2004
• Employer's approach to sexual harassment in the workplace makes the difference - 5 October 2004
• Why you need a sexual harassment policy - 25 August 2004
• Recent discrimination cases - exceptions and defences - 28 July 2004
• The inherent requirements of disability defence - 28 July 2004
• Sexual harassment reminder - 16 June 2004
• Indirect discrimination...or a reasonable requirement of the job? - 2 June 2004
• Sexual harassment and unfair dismissal: where does travel begin and work end? - 5 April 2005
• Travel requirement not discriminatory - decision upheld on appeal - 10 March 2004
• Could a common flu virus equal an impairment? - 25 February 2004
• Sexual Harassment @ work - SMS & E-mail - 11 February 2004
• Obligation to provide part time work on return from maternity leave - 28 January 2004

Corporate and Commercial Law

• Directors' duties clarified - 20 September 2005
• Terms and Conditions of Trade Checklist Series 1: Sale of Goods - 1 December 2004
• A Contract Called Frankenstein (A Cautionary Tale on Terms of Trade and Other Contracts) - 18 November 2004
• Complying with the anti-'Spam' laws - 29 October 2004
• Annual Statements - A Compliance Checklist - 7 October 2004

Occupational Health and Safety

• Safety Watch - January 2008
• Duty to Consult Employees - July 2007
• The Importance of Supervising Safety - 26 June 2007
• One company, two directors and a manager all liable - 29 May 2007
• The practicality of guarding against unforeseeable and unlawful actions - 29 May 2007
• Handling drug and alcohol abuse in the workplace - 12 December 2006
• Employer's liability for employee's accidental death on social club harbour cruise - 31 October 2006
• Employees should feel free to raise OHS concerns - 3 October 2006
• Ignorance of the law leads to penalties - July 2006
• Mixing work and play - July 2006
• Employers cannot delegate OHS responsibilities to contractors - 30 May 2006
• Compensation for psychological injury - 21 March 2006
• Regular casual employees gain right to convert to permanent - 21 March 2006
• Unfair dismissal claims; claims for reinstatement in NSW - 24 January 2006
• Beware asking an employee to 'give it a go' - 1 November 2005
• New obligations on employer whose employee drives a heavy truck - October 2005
• New Building Legislation establishes office of Federal Safety Commissioner - September 2005

• A car park can be a place of work - 6 September 2005
• NSW IRC reviews sentencing of OHS breaches - 6 September 2005
• New Offence for Workplace Fatalities in NSW - July 2005
• Safety Industry Codes of Practice in NSW - July 2005
• Managers face steeper OH&S penalties from July 1 - June 2005
• Court rejects Argument that Alternative System of Work Uncommercial - 28 June 2005
• Union grabs share of penalty - 14 June 2005
• Dismissal of an employee who ignored safety requirements - 22 February 2005
• OHS and the elimination of safety risks - 11 August 2004
• Successfully invoking an OHS defence - 19 May 2004
• The pitfalls of workers' compensation and secondary employment - 5 May 2004

If you need to contact Australian Business Lawyers, call (02) 9458 7005 or email: ablawyers@ablawyers.com.au