BlandsLaw - Articles - Page 5
Please select your page
  • Twitter
  • Facebook
  • Google+
  • LinkedIn

We wrote in 2013 about a Federal Court case which by majority found an implied term of mutual trust and confidence in an employment contract. The case involved the redundancy of a long-term employee of the Commonwealth Bank. The employee claimed that the employer breached the implied term of mutual trust and confidence by not engaging properly in the redeployment process. The Federal Court held in favour of the employee and awarded damages of $317,000.
Read more

Social media is an emerging and dynamic phenomenon, and consequently social media law is continually being revised. At its intersection with employment law, there are a number of undecided issues including those around non-solicitation, and the use of social media accounts and contacts post-termination. What happens if an employee uses their LinkedIn account to seek business, and sends an ‘invitation’ to all their contacts including their former employer’s clients?

Read more

A recent sexual harassment case,  Richardson v Oracle Corporation Australia Pty Ltd , has generated commentary and surprise about the significant increase to the damages awarded to the complainant on appeal to the full federal court. Ms Richardson, who was the victim of repeated and cruel sexual harassment by a colleague when they were both employees with Oracle, successfully had the original award for damages of $18,000 set aside and replaced with an order of $130,000 for damages.

Read more

Redundancies can be a difficult issue for all involved.
Understanding how to conduct a redundancy properly, fairly and in compliance with the Fair Work Act, will help to avoid a sensitive situation becoming a painful problem further down the track. If you do not follow the correct procedures when making a redundancy, you may find yourself dealing with a claim of unfair dismissal. 
Read more

Workplace investigations are becoming more commonplace, yet there is still a lack of understanding about the mechanics of investigations, and when they are needed. Below we set out briefly some of the reasons why you would consider an investigation, the key steps in the investigation process, and the pros and cons of different types of investigations.  

Read more

Modern Awards are an important part of the Australian employment law landscape. Modern Awards were introduced in 2010 and there are currently 122 Modern Awards covering a wide range of industries and occupations. An Award basically sets out minimum standards including base rates of pay, other entitlements and conditions of work.

Read more

Each Australian State and Territory has its own anti-discrimination legislation. The types of prohibited discrimination vary but include such grounds as sex, race, family responsibilities and disability. There are also exceptions or exemptions to allow certain activities which would otherwise be discriminatory.

Read more

The Federal Circuit Court has imposed a record $238,920 penalty on a company providing an airport shuttle service from Newcastle to Sydney airport, for underpaying its drivers.

Interestingly, the Fair Work investigation arose not from an employee complaint, but as part of a national compliance campaign focused on sham contracting. The penalty imposed was made up partly of breaches relating to misrepresentation of employees as contractors, and partly for failing to meet award requirements.
Read more