Harassment in the workplace - Section 28AA, SDA (on the ground of sex), SDA remedies and other matters

Explore comprehensive legal guidance on sexual harassment in the workplace, focusing on protections under the Sex Discrimination Act 1984 (Cth) and relevant state and territory laws. This guidance note outlines key legislative amendments, complaint processes, and employer obligations that practitioners and organisations must understand to effectively navigate this complex area of employment law. Topics Covered Respect...

What legislation exists to protect from discrimination during the recruitment process?

This detailed guidance outlines the framework of Australian federal and state/territory anti-discrimination legislation that governs recruitment practices. It explores the legal protections available to applicants against discriminatory conduct in job advertising, employment offers, and information requests during recruitment. Practitioners will find comprehensive coverage of key statutes, relevant case law, and practical...

What remedies and dispute resolution measures are available to resolve discrimination matters?

This guidance note provides expert analysis of the complex remedies and dispute resolution measures available under Australian federal, state, and territory anti-discrimination laws. Practitioners must understand the procedural nuances and jurisdictional variations critical to effectively managing discrimination complaints. Topics Covered Dispute resolution measures under Federal anti-discrimination legislation...

Sexual harassment in the workplace - Respect@Work and legislation

Sexual harassment in the workplace is comprehensively addressed under the Respect at Work legislative reforms, including the Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 and the Respect at Work Act 2022. This guidance note outlines the evolving legal framework governing sexual harassment, its prohibition across Commonwealth, state, and territory jurisdictions, and the procedural pathways for complaints...

Sexual harassment in the workplace - Section 28A, SDA criteria

Sexual harassment in the workplace is rigorously defined under Section 28A of the Sex Discrimination Act 1984 (Cth) (SDA). This guidance note unpacks the essential criteria used to establish sexual harassment, highlighting the complex legal thresholds that practitioners and organisations must navigate to ensure compliance and mitigate risks. It draws on key case law and statutory interpretations, illustrating the nuanced...

Sexual harassment in the workplace - Multiple actions and s 28A, SDA

Sexual harassment in the workplace remains a complex legal issue under Australian law, governed by the Sex Discrimination Act 1984 (SDA) and intersecting legislation. This guidance note explores multiple legal avenues and critical statutory provisions, focusing on the interplay between Commonwealth and state jurisdictions. Practitioners must understand how overlapping claims, time limits, and definitions affect strategic...

A guide to discrimination, harassment and equal opportunity laws in Australia

Explore comprehensive guidance on Australia’s federal and state anti-discrimination and harassment laws. This essential resource outlines the key legislative frameworks protecting employees and workers from unlawful discrimination and sexual harassment. Practitioners must understand the interplay between federal statutes and state/territory laws, as well as critical procedural requirements for lodging complaints...

Comparison of rights and obligations of employees and independent contractors

The guidance note provides a detailed overview of the differing rights and obligations that apply to employees and independent contractors under Australian law. It highlights key legislative requirements and practical distinctions crucial for legal practitioners and businesses navigating these work relationships. This essential resource complements related guidance on Contractors, the Employee/independent contractor distinction...

Changes to Fair Work Act definition of “employment” from 26 August 2024

The Fair Work Act 2009 (Cth) introduces a pivotal new interpretive principle redefining “employment” effective 26 August 2024. This guidance note unpacks the legislative amendments, providing practitioners with essential insights into the evolving legal landscape governing employee and employer relationships under the FW Act. It highlights the return to a multi-factorial assessment, underscoring the practical...

Unfair contract terms

The recent amendments to the Fair Work Act 2009 (Cth) establish a new jurisdiction in the Fair Work Commission (FWC) for independent contractors to challenge unfair contract terms in services contracts. This guidance note explores the scope, eligibility criteria, and key legal principles underpinning these significant changes effective from 26 August 2024. It outlines the framework designed to provide an accessible, low...

Unfair dismissal - what remedies are available?

This guidance note provides expert legal insight into the remedies available under the Fair Work Act 2009 (Cth) for unfair dismissal claims. Practitioners must understand the strategic considerations the Fair Work Commission (FWC) applies when awarding remedies, including reinstatement and compensation. Topics Covered When will the FWC award a remedy? Which remedy will be awarded? When will a reinstatement be...

Requirement to consult about potential redundancies

The requirement to consult about potential redundancies is a critical legal obligation that employers must navigate carefully to mitigate risks of unfair dismissal claims and regulatory penalties. This guidance note outlines the consultation obligations under industrial instruments and the Fair Work Act 2009 (Cth), highlighting when and how employers should engage with employees and unions during redundancy processes...

What are the unfair dismissal processes available under state laws?

The unfair dismissal processes available under state laws present a complex landscape distinct from the federal Fair Work Act 2009. This guidance note provides expert analysis on the varied state-specific regimes affecting public sector, local government, and limited private sector employees. Practitioners must understand these frameworks to navigate eligibility, procedural requirements, and remedies effectively. Topics...

Employee/independent contractor distinction

The distinction between employees and independent contractors is a critical legal issue impacting rights and obligations under Australian law. This guidance note explains the evolving legal landscape shaped by recent High Court decisions and legislative amendments, including the Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2023, effective from 26 August 2024. Practitioners must understand how the nature...

Casual conversion - Employee Choice Pathway

Understanding casual conversion under the Fair Work Act 2009 (Cth) is essential for employers and employees navigating the evolving landscape of casual employment rights and obligations. This guidance note provides expert insights into the National Employment Standard (NES) provisions on casual conversion and recent legislative amendments. Topics Covered A new National Employment Standard — Div 4A (Offers...

Rights and entitlements of casual employees

Casual employees face unique employment conditions that significantly differ from permanent staff, especially regarding guaranteed hours, termination notice, and entitlement scope. This guidance note provides expert analysis on the complex legal framework governing casual employment under the Fair Work Act 2009 (Cth) and related instruments, essential for practitioners advising employers or employees in this sector. Key...

When is misconduct a valid reason for dismissal under unfair dismissal laws?

This guidance note offers expert analysis of the legal framework under the Fair Work Act 2009 (Cth) regarding misconduct as a valid reason for dismissal. It explores the criteria employers must satisfy to demonstrate a sound and defensible reason for dismissal, the role of procedural fairness, and the Fair Work Commission’s (FWC) approach to assessing misconduct claims. Topics Covered Conduct as a valid reason...

When is incapacity a valid reason for dismissal?

The guidance note explores critical legal principles regarding dismissal based on employee incapacity, a valid reason recognised under the Fair Work Act 2009 (Cth). Employers must navigate complex considerations including the inherent requirements of the role, procedural fairness, and overlapping protections under discrimination and workers’ compensation laws. This document equips practitioners with essential insights...

What steps are involved in initiating and resolving an unfair dismissal claim at the FWC?

Understanding the procedural framework for unfair dismissal claims at the Fair Work Commission (FWC) is essential for employers, employees, and legal practitioners. This guidance note outlines the key stages from lodging an application through to resolution, highlighting critical procedural requirements under the Fair Work Act 2009 (Cth). Explore comprehensive coverage of the following topics for strategic insights: ...

What is a “dismissal” under the Fair Work Act?

The definition of “dismissal” under the Fair Work Act 2009 (Cth) is critical for determining eligibility for unfair dismissal remedies. This guidance note explores the statutory criteria and key legal principles that shape when an employee is considered dismissed. It highlights the complex distinctions between termination on the employer’s initiative, forced resignation, and exceptions such as fixed...

What impact does the “high income threshold” have on an unfair dismissal claim?

The “high income threshold” is a critical factor under the Fair Work Act 2009 (Cth) that determines eligibility for unfair dismissal claims. This guidance note explores how an employee’s annual rate of earnings influences their ability to seek remedies under unfair dismissal provisions and the broader implications of this threshold. It also addresses the calculation of earnings, including non-monetary...

Was there a valid reason for the dismissal?

This guidance note explores the critical question of what constitutes a valid reason for dismissal under the Fair Work Act 2009 (Cth), an essential aspect for employment law practitioners navigating unfair dismissal claims. It covers the framework used by the Fair Work Commission (FWC) to assess whether a dismissal was harsh, unjust, or unreasonable, focusing on the legal thresholds and practical considerations that influence...

Was the dismissal procedurally fair?

This expert guidance note provides an authoritative overview of the critical elements underpinning procedural fairness in dismissal under the Fair Work Act 2009 (Cth). Practitioners must understand the complex interplay between valid reasons for dismissal, procedural fairness obligations, and the Fair Work Commission’s discretion when assessing whether a dismissal was harsh, unjust, or unreasonable. The document...

What happens in the case of a genuine redundancy?

This guidance note explores the critical concept of genuine redundancy under the Fair Work Act 2009 (Cth) (FW Act), providing essential insights for employers and practitioners navigating redundancy and unfair dismissal claims. It outlines the statutory requirements that define a genuine redundancy, the consultation obligations under modern awards or enterprise agreements, and the complexities surrounding redeployment...

Selection pools and assessment of criteria for redundancy

The guidance note on selection pools and assessment of criteria for redundancy delivers expert legal insights into the complexities of managing redundancies within Australian workplaces. Practitioners must understand the strategic formation of selection pools and the critical application of objective, fair criteria. This document addresses the legal boundaries that prevent misuse of redundancy as a performance management...