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Results: 1-10 of 67

Compassionate leave and adverse action: bereavement alone is not enough
  • Clayton Utz
  • Australia
  • August 4 2016

A recent decision of the Federal Circuit Court has dismissed a sales manager's adverse action claim after it found she had not exercised a workplace


The state as a model litigant: reading between the Guidelines
  • Clayton Utz
  • Australia
  • July 21 2016

Underpinning the Guidelines is the State's duty to act honestly, fairly, with complete propriety, and in accordance with the highest professional


Making a public interest immunity claim? New guidance on what you need to consider
  • Clayton Utz
  • Australia
  • July 21 2016

Recent public interest immunity cases give useful guidance for government entities who may be contemplating a claim in the future. Document


Australia pursues first criminal cartel prosecution
  • Clayton Utz
  • Australia
  • July 20 2016

This week, Japanese shipping company Nippon Yusen Kabushiki Kaisha (NYK) pleaded guilty to criminal cartel conduct in the Federal Court. It is the


Discovery won't be a matter of course in NSW Supreme Court
  • Clayton Utz
  • Australia
  • April 26 2012

A clear objective is to radically reduce the need for the court to make discovery orders and end parties' expectations that a routine order for discovery will be made before evidence is served, or at all


"All reasonable steps" and bargaining rights under the Fair Work Act - how far do you have to go?
  • Clayton Utz
  • Australia
  • November 8 2011

The Fair Work Act in section 173(1) says that employers must take all reasonable steps to give notice to their employees who will be covered by a proposed enterprise agreement about their right to be represented by a bargaining representative but what are all reasonable steps?


Reinstatement for injured worker: why the "real reason" is so important
  • Clayton Utz
  • Australia
  • August 5 2011

As adverse action claims increase, it's becoming very clear that properly documenting your decisions affecting your employees is crucial but what do you need to show?


Social media misuse: who is liable under discrimination law?
  • Clayton Utz
  • Australia
  • August 5 2011

If an employer does decide to give its employees access to social media it is important to manage expectations and behaviours by setting out and communicating clear boundaries and conditions of use


Examination of an officer as to the sufficiency of a company's compliance with a subpoena
  • Clayton Utz
  • Australia
  • July 26 2011

In a recent dispute concerning a company's compliance with a subpoena, the Supreme Court of NSW considered the operation of the seldom used section 68 of the Civil Procedure Act 2005


More on adverse action: employees have a right to raise concerns
  • Clayton Utz
  • Australia
  • June 30 2011

Employees have a right to raise concerns about their pay rates and entitlements without the fear of being dismissed or victimised