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54 results found

Article

Clayton Utz | Australia | 7 Feb 2019

Commission unable to rescue vulnerable employees from indirectly discriminatory terms in firefighters' EA

The Fair Work Act 2009 (Cth) requires that before approving an enterprise agreement, the Fair Work Commission must ensure that the agreement does not

Article

Clayton Utz | Australia | 13 Apr 2017

Senior employees and managers cry "adverse action!" at every turn

Employers shouldn't fear giving their executives lawful and reasonable directions at work, but at the rate senior employees are litigating, employers

Article

Clayton Utz | Australia | 22 Dec 2016

No plain sailing for "bullied" ship officer awarded only $100 in damages

Following the Federal Court Full Bench's decision finding that an employer's failure to comply with its own policies during a bullying investigation

Article

Clayton Utz | Australia | 6 Feb 2014

Reasonable changes to rosters will be permissible even if they have adverse effect

You should have sound business reasons to justify roster changes or other similar business decisions which may have adverse impacts on particular

Article

Clayton Utz | Australia | 9 May 2013

Wide deed of release defeats valid disability discrimination claim

A recent decision of the Federal Magistrates Court of Australia has provided a timely reminder that great care must be taken when drafting deeds of

Article

Clayton Utz | Australia | 14 Mar 2013

Employer's global sexual harassment policy fails to pass muster

A global policy that did not address specific Australian requirements meant an employer did not take all reasonable steps to prevent sexual

Article

Clayton Utz | Australia | 28 Feb 2013

The never ending story - federal unlawful discrimination claims may never be out of time

Most employers will keep employment records and other documents relating to their employees for a period of at least seven years after the employment

Article

Clayton Utz | Australia | 22 Nov 2012

Anti-discrimination reforms hold some challenges for employers

These reforms to discrimination law could impact employers' compliance with discrimination law, and increase their exposure to discrimination claims in the federal jurisdiction.

Article

Clayton Utz | Australia | 11 Oct 2012

Employer's textbook response avoids vicarious liability for sexual harassment

A swift response places an employer in the best position to manage an investigation and should be part of any strategy to minimise any potential vicarious liability.

Article

Clayton Utz | USA, Australia | 7 Nov 2011

Whistleblower bounties a novel financial reform

On 21 July 2010, President Obama signed into United States law the Dodd-Frank Wall Street Reform and Consumer Protection Act.

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