GL Insights
Bullying v reasonable requests by supervisor
The Fair Work Act 2009 (Cth) (the Act) provides a process for employees to apply for stop bullying orders where they are being bullied at work. Section 789FD (2) of the Act makes it clear that “reasonable management action carried out in a reasonable manner” does not amount to bullying conduct.
Can I consider a criminal record during the hiring process?
A recent ACAT decision COMPLAINANT DT292023 v THE CANBERRA INSTITUTE OF TECHNOLOGY (Discrimination) [2024] ACAT 42 (the Decision) considered whether the Canberra Institute of Technology (CIT) withdrew an offer of employment to an applicant (the Applicant) based on an irrelevant criminal record that was disclosed as part of her application process.
Additional reporting requirements for certain not-for-profit organisations
From 1 July 2024 (for the previous financial year), certain not-for-profits will be required to lodge a self-review return regarding their income tax exempt status with the Australian Taxation Office.
Reminder: Charities to submit 2023 Annual Information Statement (AIS) by 30 June 2024
To meet their ACNC reporting obligations, charities whose financial year operates on a calendar year (1 January to 31 December) are required to submit their 2023 Annual Information Statement (AIS) by 30 June 2024.
New and amended employment laws from 1 July 2024
From 1 July 2024 a number of new laws and amendments to existing laws will come into effect.
Serious misconduct and working when mentally unwell
In a recent decision of Mr Oliver Doherty v Defend Fire Services Pty Ltd T/A Defend Fire – [2024] FWC 1444 | Fair Work Commission the Fair Work Commission considered whether a worker who attended work whilst mentally unfit to do so, was unfairly dismissed.
Can you identify a business’s intellectual property?
It is important to conduct due diligence before entering into an agreement to ensure that your organisation is actually getting what it paid for. This is particularly true when it comes to intellectual property which can be more difficult to “see”, “touch” and “hold”.
National Minimum Wage increase
On 3 June 2024, the Fair Work Commission handed down its Annual Wage Review 2023-2024 decision and raised the National Minimum Wage and Award wages by 3.75%. Employers must pay the higher rates of pay from the first full pay period that starts on or after 1 July 2024.
Is a workplace investigation always necessary?
Not necessarily. Whether to conduct a workplace investigation depends on the specific circumstances of the situation and the policies of the organisation. In some cases, issues can be resolved informally without the need for a workplace investigation.
Time for employers to prepare for the right to disconnect
Employers are reminded that the right to disconnect commences in less than three months, with a commencement date of 26 August 2024. Small businesses have an additional six months to prepare.