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News.com.au: Bosses Warned Over New Right To...

“Given the risk of adverse action claims and significant penalties for noncompliance, employers should be wary not to use the right to disconnect as an excuse to limit employees’ career progression.”

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Blog

Does a pay raise in the 52 weeks pre-injury...

By operation of Regulation 8C, a pay raise has been considered as a change of an ongoing nature to the employment arrangement, resulting in a financially material change to the earnings of the worker.

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Firm News

Hicksons Commended For Class Action Settlement:...

Over the past four years, Hicksons’ Commercial Dispute Resolution team, led by Consultant, Chris Moore and Partner, Chloe Ellis, has successfully represented a significant proportion of bondholders in the Axsesstoday Limited class action.

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Why Just Having Policies And Procedures For Workplace Violence And Sexual Harassment Isn’t Enough?

Why Just Having Policies And Procedures For Workplace Violence And Sexual Harassment Isn’t Enough?

Workplace Health and Safety (WHS) has historically been all about physical injuries and risks in factories and construction sites, but a recent decision of the NSW District Court (the Court) broadened that traditional thinking.
Blog
Employee or Contractor? What the law says about Sham Contracts

Employee or Contractor? What the law says about Sham Contracts

What are the new changes, and how can my business defend itself against sham contracting claims?   Employment relationships can be complex, and understanding how to manage them is often key. Most would think that the law was clear on who is considered an employee, and who is a contractor? In this case, you would be wrong.    
Blog
Employing Workers On Fixed Term Contracts – The Rules Have Changed

Employing Workers On Fixed Term Contracts – The Rules Have Changed

In the whirlwind of 2023 employment law reform, the unfettered power for employers to engage employees on indefinite rolling fixed term contracts was kicked to the curb from 6 December 2023 (although some industries may still have until 1 July 2024 before these rules apply to them).   A fixed term contract is an employment contract that terminates at the end of an identifiable period, for example, on a specified date or when a specific project is completed. Many businesses use these to engage workers for a two-year period, followed by a second, third, or forth two-year period (for example).  
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It’s Christmas! Can I direct my employee to take unpaid leave during the end of year shutdown?

It’s Christmas! Can I direct my employee to take unpaid leave during the end of year shutdown?

With Christmas fast approaching, employers and employees will be turning their minds to organising leave arrangements over closedown (or ‘shutdown’) periods.
Blog
Falling from Heights – Courts consider imposing fines which might crush business viability

Falling from Heights – Courts consider imposing fines which might crush business viability

In recent years, District Court Judges have dramatically increased the penalties that businesses, their staff and owners (officers) face for Workplace Health and Safety (WHS) breaches. Firmly within their sights has been matters of workers falling from heights - and arguably rightfully so. Despite this, the recent involvement of Hicksons Lawyers in a fall from heights prosecution delivered a verdict that demonstrated that the Courts are not aimlessly imposing crushing fines with the sole purpose of destroying the culprit business. Rather, subject to the circumstances, the Courts are still willing to exercise their discretion to significantly reduce the penalty imposed.  
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When does a heated resignation amount to a real resignation?

When does a heated resignation amount to a real resignation?

It is not unusual for employees to offer a verbal resignation, often in the heat of the moment or during a contentious incident. It is also not unreasonable that employers treat any such resignation as legitimate. However, this is yet another example where Workplace Relations law in practice can vary from an employer’s expectation. In short, these kinds of ‘heated’ or impulsive resignations may lead to potential claims of unfair dismissal where employers rely on them to end the employment relationship.
Blog
Employment law update sees significant changes to the workplace - The Secure Jobs Better Pay Act 2022

Employment law update sees significant changes to the workplace - The Secure Jobs Better Pay Act 2022

As all employers in Australia know, our workplace laws are complicated and regularly change, often without notice. A change of government inevitably sees a transformation in the industrial relations landscape, impacting how businesses employ and manage their staff. As such, we have now seen yet another post-election employment law change, with the passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Act). This amends the Fair Work Act 2009 and brings some huge changes to Australian workplace law. We have outlined some of the key changes impacting businesses below.
Blog
Respect at Work: Introduction of the Anti-Discrimination and Human Rights Legislation Amendment Bill 2022

Respect at Work: Introduction of the Anti-Discrimination and Human Rights Legislation Amendment Bill 2022

In March 2020, the Australian Human Rights Commission released the ‘Respect@Work: Sexual Harassment National Inquiry Report’ (Report) following almost two years of inquiry into the sexual harassment in Australian workplaces
Blog
The ‘Gig’antic Changes Coming Our Way - Deliveroo Rider Not An Employee

The ‘Gig’antic Changes Coming Our Way - Deliveroo Rider Not An Employee

Last year has seen an emerging trend where judges are evolving and changing the way we identify and categorise principal-contractor relationship and employer-employee relationship.   In the aftermath of the High Court judgments earlier this year, including Construction, Forestry, Maritime, Mining And Energy Union & Anor v Personnel Contracting Pty Ltd [2022] HCA 1 (Personnel Contracting) and ZG Operations Australia Pty Ltd v Jamsek [2022] HCA 2 (Jamsek)), we are seeing rapid changes in judges’ view on these commercial relationships.  
Blog
Managing psychosocial hazards at work - Code of Practice (July 2022)

Managing psychosocial hazards at work - Code of Practice (July 2022)

In July 2022, Safe Work Australia released a new Code of Practice on an employer’s duty to manage psychosocial hazards in the workplace. The Code of Practice largely follows suit from Safe Work NSW’s publication released in May 2021, which was the first formal guidance provided to employers regarding their obligations in relation to psychosocial risk factors at work. The updated Code of Practice provides a timely reminder of what employers should be doing to try and avoid psychological risks.
Blog
Everyone’s Had It… So, What’s Reasonable Now?

Everyone’s Had It… So, What’s Reasonable Now?

Even before March 2020, before COVID Omicron, the RAT’s and the lockdowns, knowing what ‘normal’ was meant to look like was always a challenge. For employers and their advisors, we relied on the laws and decisions of the Tribunals and Courts to provide direction about what could (or should) be done (or not done).
Blog
COVID-19 guidance for employers from the safety regulators

COVID-19 guidance for employers from the safety regulators

While most businesses are returning to more normal operations following rolling lockdowns, it’s not all smooth sailing for employers and managers. Many business and employment decisions on how to best respond to and plan for COVID-19 related impacts are being made with little guidance from Governments or legal precedents.
Blog
COVID-19 and Vaccinations – The balance employers need to strike

COVID-19 and Vaccinations – The balance employers need to strike

Australia’s employment laws and regulations can be complex when applied to real world situations. Complexity, change and adaptability are challenges that all business and their employees are having to negotiate across 2021 and into 2022. As COVID adapts into increasingly threatening strains, organisations are forced to respond with new policies and approaches to reflect our changing circumstances. Some, but not all, of those changes are either mandated or guided by Government directions, laws and responses. Additionally, not all government directions cover all situations or industries.
Blog
Prevention is always better than a cure – Increased protection in the workplace for sexual harassment

Prevention is always better than a cure – Increased protection in the workplace for sexual harassment

The Commonwealth Government has been under considerable pressure for months to step in to respond to several high-profile incidents of sexual harassment. The recent tabling in the Commonwealth Parliament of a Bill with a raft of amendments to Commonwealth sexual harassment legislation provides additional options for employees to take action in relation to occurrences of sexual harassment. These options are both preventative and potentially much less expensive.
Blog
Crimes and misdemeanours abroad: When can an employer dismiss an employee for their actions outside work?

Crimes and misdemeanours abroad: When can an employer dismiss an employee for their actions outside work?

Managing misconduct in the modern workplace is challenging enough, but what about misconduct where it occurs outside work hours? The workplace’s relationships, expectations and legal frameworks become even more challenging to navigate in such circumstances. 
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