BlandsLaw - Blog posts from Andrew Bland
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In the lead up to sowing growers are no doubt recruiting their workforce. And while the common farm employment contract is nothing more than a handshake, growers need to be aware of the legal environment they enter when hiring staff. Danica Leys and Andrew Bland of Blandslaw, provide an insight into farm industrial law and a number of new developments worthy of growers’ attention.

See the full article  by Danica Leys and Andrew Bland in Farming Ahead.

 Andrew Bland on Switzer's Business program: Linfox, social media and unfair dismissal

Hear Andrew Bland of BlandsLaw discussing with Peter Switzer the recent Linfox v Stutsel case: the Linfox employee who successfully claimed unfair dismissal after his employment was terminated, because he made inappropriate remarks about his managers on Facebook. He was found to be unfairly dismissed by Fair Work Australia because, among other things, he had inadequate knowledge of Facebook, and his employer didn't have an adequate social media policy.

SOCIAL media might be the "biggest gift" for any small business but be warned there are strings attached.

Experts have warned that, without proper training, it can do more harm than good.  And while some businesses bury their head in the sand, there is little escape.

 

BlandsLaw "has been able to mix it with heavyweight firms" thanks to its focus on the evolving social media platforms.

Read more: http://www.news.com.au/news/be-socially-aware-in-business/story-fnejnq06-1226499402893#ixzz2A5M8sFhe

 

When is Restraint Unreasonable?

Recently the Federal Court considered a case in which an Australia-wide 2 year restraint period for a former director and founder of an HR outsourcing business was upheld and considered to be reasonable in the circumstances.

The case reinforces the importance of employers including well-drafted restraint clauses in their employment contracts to protect their business in the event that an employee with important company or business knowledge and contacts is not able to unfairly compete with the employer when leaving the company.

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Personal or Carers Leave

Background and eligibility

Paid personal or carers leave isthe correct terminology for the phrase ‘sick leave’. All employees (other than casuals) are entitled to paid personal leave or paid carer’s leave, of 10 days per year. The entitlement to paid personal/carers leave accrues from year to year. Paid personal/carers leave is leave that is provided for an employee if, due to their own personal circumstances, they are sick or injured, or if they need to provide care or support to a member of their immediate family or household. The Fair Work Act 2009 (Cth) sets out who qualifies as a member of an employee’s immediate family. This definition encompasses a spouse, de facto partner, child, parent, grandparent, grandchild or sibling of an employee; or a child, parent, grandparent, grandchild or sibling of the employee’s spouse or de facto partner.

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Andrew Bland was his opinion for an article  "Would You Tell A Prospective Employer If You Were Pregnant?" for Marie Claire

You're interviewing for your dream job...you're three months pregnant. Do you tell?

 

The law says an employer has no right to know you’re pregnant at the time of an interview. But what's the cost of keeping quiet?

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Andrew Bland with Peter Switzer on Sky Business News discussing the industrial relations impact of the Qantas dispute.


Andrew

Andrew Bland with Peter Switzer on Sky Business discussing Qantas dispute

 

Social Media & Unfair Dismissal - A Guide for Employers

The recent decision by a full bench at Fair Work Australia in Dianna Smith T/A Escape Hair Design v Sally-Anne Fitzgerald [2011]FWAFB 1422 (15 March 2011) upholding an unfair dismissal finding is a timely reminder for employers to ensure they observe the correct procedures when considering terminating an employee, and that they have clear guidelines in place for the use of social media where employees comment on their place of work.

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