BlandsLaw - Blog posts from employer
Please select your page
  • Twitter
  • Facebook
  • Google+
  • LinkedIn

Timing Critical in Adverse Action against Pregnant Employee

A recent decision by the Federal Circuit Court[1] acts as a reminder for employers to think twice about timing when implementing redundancies.

In this case, the employee had been working for BOC Pty Ltd for almost 2 years when she became pregnant. Upon agreement with her general manager, the employee was scheduled to commence her maternity leave on the 6th of November 2015. The company subsequently decided that she would be one of 8 employees nationally that would be made redundant as part of a business restructure.

All redundancies were scheduled to occur on 12th November, however the employee’s termination date was brought forward to 6 November, two days before she was due to start her leave. The company alleged that this decision was made with her best interests in mind so that she would not be required to come back to work to be informed of the changes whilst she was on leave.

The employee claimed that she was discriminated against by being chosen because she was

Read more

It is important that employers understand when it is and is not okay to require employees to undertake a medical examination. This article looks at some recent cases and considers scenarios that would both allow for such a request and where it is not likely to be upheld as a lawful and reasonable management direction. 

Read more

The National Employment Standards provide for redundancy pay, to eligible employees, based on their length of service. There is provision under the Fair Work Act for employers to make an application to have their obligation to make redundancy payments reduced or even waived completely. The two grounds for this application are that the employer has obtained other acceptable employment for the employee, or that they cannot pay the amount. 

A recent FWC decision considered the issue of what an employer needs to do to show that they ‘obtained’ the other acceptable employment. 

Read more

We live in a country that unfortunately experiences catastrophic bushfires, flooding, cyclones and other similarly damaging natural events. If your business  is negatively impacted by a natural disaster, what are your obligations towards your employees during this difficult time? We briefly consider three scenarios affecting the employment relationship in the event of such a disaster.

Read more

More Articles