All Articles From Ben Duggan
Supreme Court Clarifies when an Employee is Absent and when an Employee is on Leave
The Full Bench of the Supreme Court, in a majority judgment, in Flinders Ports Pty Ltd v Woolford [2015] SASCFC 6 has clarified what it means to be on “unpaid leave”. This decision involved an…
Workplace and Employment Law - Significant Events & Predictions
Significant events in 2014 and predictions for 2015
Strike First To Go
The Coalition’s Fair Work Amendment (Bargaining Processes) Bill 2014 was recently read for a second time in the House of Representatives. The Bill seeks to introduce changes to the bargaining process…
High Court Rules on Implied Term of Mutual Trust and Confidence
Commonwealth Bank of Australia v Barker [2014] HCA 32.
Mitigating the Risk of Sexual Harassment
As Richardson v Oracle has just shown, a policy alone isn’t always enough to prevent serious human and financial consequences. In February 2013, in the matter of Richardson v Oracle Corporation…
Sexual Harassment Just Got Much More Expensive!
In a recent appeal decision - Richardson v Oracle Corporation Australia Pty Ltd [2014] FCAFC 82 – the Full Bench of the Federal Court awarded significant damages for pain and suffering / non-economic…
Employers Have a Right to Know!
A recent Federal Court ruling reinforces employers’ rights to seek medical information to satisfy work health & safety obligations.
Important step to reduce WH&S prosecution risk being neglected
Are you overlooking your legal professional privilege?
Unwelcome Valentines
A recent sexual harassment case indicates businesses may have a far greater responsibility than they realise
Suspension Of WHS Construction Codes Of Practice
Most businesses will be aware of the new Work Health and Safety Act 2012 (SA) (“the Act”), which came into operation from 1 January 2013 as part of the new “harmonised” federal work health and safety…
DWFT Report
The DWFT Report is a comprehensive publication containing news, commentary and analysis of significant contemporary legal issues impacting the Australian business community.
