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Discrimination Policies – Implementation is as important as Intent

Discrimination and harassment are currently under a worldwide spotlight and a significant issue with workplaces and service delivery organisations, including education providers
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Discrimination - the Data and the Gaps

There is a genuine drive by Australian employers to improve responses to discrimination and harassment within their workplace and broader client environment.
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There are good reasons to always provide reasons for terminating employment

If no reasons for terminating an employee’s employment are given then the employer is exposed  to a finding that the real reason was a prohibited reason under the Fair Work Act.
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Christmas comes early: Casual Loading Offset Regulation 2018 passed

Yesterday, in response to the decision in Workpac v Skene (the Workpac Decision),[1] the Government brought into effect the Fair Work Amendment (Casual Loading Offset) Regulation 2018 (the Regulation).  
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ACCC’s Plan to Tame Tech Giants

On 10 December 2018, the Australian Competition & Consumer Commission (‘ACCC’) released its proposals on how Australia should respond to the expanding grip of technology giants, like Facebook and Google, on the lives of everyday Australians.
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The award rate or mate’s rates?

When determining whether there is an employment or contract relationship, it is important to look at all circumstances surrounding the agreement.
Blog

GIPA: The Role of Commercial Interests in Access Applications

Persons or organisations whose interests will be prejudiced by the disclosure of government information may object to that information being released.
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Transport operators and storage facilities face increased liability under recent Australian Consumer Law Amendments

Amendments to the Australian Consumer Law (“ACL”), which is a schedule to the Commonwealth Competition and Consumer Act 2010, passed by the Commonwealth Parliament on 18 October 2018 are likely to increase the exposure of domestic land transport and storage facility operators for goods damaged during transportation or storage.  
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…If it quacks like a duck – Fair Work Commission rules on Foodora and employment relationships

A recent Seminar I presented, Dancing with the Gig economy – Risk, liability and responsibility in the modern workplace, drew the attention of insurers and business leaders to the inherent structural risks embedded in the emerging gig or share economy.
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“What are you doing with my taxes?” – GIPA and Government Transparency

Access Applications under the Government Information (Public Access) Act2009 (NSW) (‘GIPA Act’) are a common avenue for citizens to obtain government information. The Tribunal Appeal Panel (‘Appeal Panel’) recently illustrated that the public interest in maintaining transparency of government activities can be incredibly influential in determining whether to disclose government information. This was considered in Newcastle City Council v Newcastle East Residents Action Group Inc [2018] NSWCATAP 254.
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A fall from a ladder resulted in liability against a manufacturer under the Australian Consumer Law with a finding of 30% contributory negligence

The Court of Appeal found that a ladder had a safety defect, which caused the appellant to fall, such that the manufacturer was liable for damages under section 138 of the Australian Consumer Law.
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Satisfying the ‘consequential injury’ threshold: When is a consequential injury not a consequential injury?

Injured worker’s entitlements to many compensation entitlements are intricately linked to various WPI thresholds
BlogFirm News

Hicksons 2018 Health Law Forum Wrap Up

On Tuesday 18 September 2018, we had the pleasure of hosting the Hicksons 2018 Health Law Forum. The Health Law Forum Wrap Up includes a short summary of each of the speaker’s presentations.
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Further Thoughts on the District Court’s power to determine “Commercial” Matters

There has been a further Supreme Court decision regarding the legislative anomaly which has created great uncertainty over the power of the District Court to determine “Commercial” matters. 
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Procedural Fairness: What you plead v The “But I wanted to say something else” Excuse

Procedural fairness requires a court or tribunal to give each party an equal say. However, the New South Wales Civil and Administrative Tribunal Appeal Panel’s (‘Appeal Panel’) recent decision has taken an expansive view of what justice requires to allow a party to adequately plead its case. The Appeal Panel decided that a tribunal cannot give judgment in a matter if they could have reasonably expected a party to make further submissions.

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