Working Knowledge: the Employment Law Podcast

The team catch up again with Jacqueline Monk, to discuss surveillance, both inside and outside of the workplace setting, touching on the complex framework governing the many overlapping legal issue in this space. They also do the Good, the Bad, and the Ugly, the recurring current-affairs segment of cases through the Fair Work Commission.

The team talk through this landmark Federal Court case, providing a very 'high level' laymans terms view of the case, and what it means for employers going forward. They also go through our regular current affairs segment, the 'Good, the Bad and the Ugly' in employment law over the past week.

This week we are joined by special guest Jacqueline Monk, Special counsel from Walter Baden, who discusses the recent consultation process around the Modern Slavery reporting requirements. We discuss the efficacy of the provisions to date, as well as the way forward. Brian is then joined by regular contributors Georgia and Brittany for the "Good, the Bad, and the Ugly".

In this week's episode the team continue on from where they left off last week on restraint of trade. This week, they look at proposed ALP legislative reforms, which prompts a discussion on some international comparators. They also do the 'Good the Bad and the Ugly', the normal weekly reveiw of employment law cases before the courts and commission.

In this episode, the first of two parts, the team work through the principles of Restraint of Trade and how they relate to employment contracts, with a special emphasis on enforcability, and debunking some of the common myths around these clauses within the community. This is an introductory episode in preparation for next week, when the team will discuss the ALP's proposed changes in this area of law. in 'the Good, the Bad and the Ugly' we look at recent events in the Fair Work Commission and employment community.

This week the team work through frequently asked questions around the legal issues that arise from work from home arrangments: contractual issues, work from home policies, personal leave, flexible work arrangements, and other tips for employers. They then work through this week's 'Good, Bad and Ugly' from the courts and fair work commission.

The team this week work through some 'frequently asked questions' that clients often have about probationary periods in employment contracts: what they are, why have them, and how they relate to the various statutory protections around dismissal. In the Good, the Bad, the Ugly, they examine recent decisions of the Fair Work Commission relevant to employment law.

In this episode, we dive into the transformative changes to independent contracting in Australia under Section 15AA of the Fair Work Act, effective from 26 August 2024. The new law introduces a statutory definition of employment, shifting the focus from written contracts to the real substance and practical reality of working relationships. This marks a return to the multi-factorial assessment approach, considering factors like control, risk, and work expectations. We explore the implications for businesses and contractors, including the opt-out provision for high-income earners (above $175,000), who can choose to rely on contract terms instead. The episode also covers new protections against unfair contract terms, allowing contractors to challenge exploitative clauses through the Fair Work Commission. We finish with 'The Good, the Bad, and the Ugly', our regular current affairs segment, where we showcase three recent cases from the Fair Work Commission.

In this episode we address two aspects of the 'closing the loopholes' legislation: the new 'right to disconnect' as well as changes to casual employment. We also reintroduce 'the good, the bad and the ugly', our current affairs segment, which addresses interesting recent cases in the employment and industrial law space.

In this final edition for 2022, we discuss the recent legislative changes to the Fair Work Act and Anti-Discrimination laws, that the new Government has brought in as part of their election promises. We are also joined again by Samantha Mangwana of Shine Lawyers, who shares her insights into the amendments to the Respect@Work bill. We wish all our listeners a Merry Christmas and look forward to bringing you more employment law podcasts in 2023.

An employment contract is an integral part of the employment relationship. Contracts can exist in a non-written form, however the purpose of a written contract is to define the terms of what is being agreed, to avoid things getting lost in translation, or over time, forgotten. In this episode of our two part series, we discuss what we believe are the 9 critical express terms that should be included in a contract of employment, and why, being: Stay with us for "To Tweet or Not To Tweet"; where the team competes for the most tweetable of employment law news.

In this episode of our podcast, we are honoured to be joined by Samantha Mangwana of Shine Lawyers. Samantha leads the Executive Employment and Partnership practice, and is a recognised expert on employment and discrimination law issues. Samantha shares with the team some of her experiences from before, during and after the media focus of the #MeToo movement, both in the U.K and locally here in Australia. We discuss employer obligations and the impact and response to sexual harassment in the workplace; risk factors and hierarchal environments; and whether Non-Disclosure Agreements, and the possible passing of legislation in these cases to limit them, will be at the expense of victims. Content warning: This episode discusses sensitive topics which may cause distress to some listeners. If this podcast raises any issues for you, help is available – call 1800RESPECT on 1800 737 732. We have provided a link to Shine Lawyers’ Restitution podcast ‘It began in Hollywood, but #MeToo isn’t just for celebrities’ here: https://omny.fm/shows/restitution/it-began-in-hollywood-but-the-metoo-movement-isnt

As the weather starts to warm up and we approach the final quarter of the year, party season will be soon upon us. End of year parties can be great for team engagement, and as a celebration of the year's success, however they can also be fraught with legal risk for employers. In this episode of our podcast, we are joined by special guest Lizzy Boots, of Boots and All Consulting, to discuss some of the dangers of work social events, what employers should be aware of, and some practical measures to help employers avoid a 'cocktail of chaos'. For further advice or assistance please reach out to the team at PCC Employment Lawyers or contact Lizzy Boots at Boots & All. Stay with us at the end of the podcast for the team's challenge of tweetable tweets of employment news.

In this episode, we discuss workplace risks associated with employee social media use, including egregious misuse, and provide some practical steps employers can take to minimise those risks. We also bring you our new segment ‘Would you tweet that?’, where the team is challenged to come up with the most tweetable tweets of employment law news; and we give a final wrap up of our legal movie reviews … which movie came out on top?

The Fair Work Ombudsman (FWO) has recently released its strategic priorities for the 2022-23 period, with fast food, restaurants/cafes, and agriculture key industries of focus. Added to the list is the universities sector, with the FWO concerned about allegations of long-running underpayments in many universities, citing management oversight, decentralised HR functions and lack of investment in payroll and time-recording systems as the trending causes of non-compliance. With possible increased funding from the new Labor government, we may also see higher levels of enforcement, making employee underpayments (intentional or accidental) something employers should be concerned about. In this podcast, we discuss the civil penalty provisions for corporations and directors for contraventions under the Fair Work Act, the functions of the FWO, and how employers may come under their radar. We also discuss where we see the vast majority of underpayments in respect of breaches of modern awards and the National Employment Standards, and key areas for employers to look at. The Good, The Bad and The Ugly has been replaced by a new segment; "Would you Tweet This?", a challenge for the team to come up with the most 'tweet worthy' of topical employment law news. Our movie review returns with this episode featuring "The Firm", starring Tom Cruise, Jeanne Tripplehorn and Gene Hackman.

In this podcast, we discuss Part B of our e-publication “Termination of Employment: A Lawful and Ethical Approach”; termination of employment relating to the role (redundancy), where employment ends at the employers initiative in circumstances where the role or job is no longer required to be done by anyone. This podcast picks up from Part A of the publication; terminating employment in relation to employee capacity or conduct. For a full copy of the e-Publication, you can download the resource here: https://bit.ly/3zAqcty We also bring you The Good, The Bad and The Ugly of employment law and our movie review, 1997's "The Devil's Advocate", starring Keanu Reeves, Al Pacino, and Charlize Theron.

This podcast is the second part of our series discussing managing absent employees. In this episode we address the management of employees that have had a long term absence due to personal injury or illness. We discuss how to take the next steps, the legal risks, and the procedures that need to be followed when it becomes apparent that the inherent requirements of the role can't be met. This is a complex and high risk area of law and employers are advised to proceed with caution and seek legal advice for their specific situation. We also bring you "The Good, the Bad and The Ugly" of recent employment law news, and our movie review returns with a resounding thumbs up for the 1957 American courtroom drama "12 Angry Men".

This podcast is the first of a two part series where we discuss managing absent employees. This first episode looks at how businesses can best manage short term or sporadic employee absences from work, to minimise the impact on the business whilst protecting employee rights. In the second episode, we take this further and discuss the more serious aspect of managing longer term employee absences that may be the result of illness or injury. This week we also bring you "The Good, The Bad and The Ugly", our regular current affairs segment of recent employment law.

Managing employee performance, both teams and individuals, is critical to a business' success. Failure to act early and decisively in the case of underperforming employees can be a costly mistake that employers make. In this podcast we discuss the key elements of managing performance, both practical and legal, choices available for employers, and some pitfalls to look out for. We also bring you "The Good, The Bad and The Ugly" of recent employment law news, and our legal movie review this episode is "My Cousin Vinny", starring Joe Pesci, Marisa Tomei and Ralph Macchio.

Warning: This podcast contains coarse language which may be offensive to some listeners. We address swearing at work, and in particular, whether swearing can be grounds for disciplinary consequences. We also bring you "The Good, the Bad and the Ugly" of recent employment law news, and our legal film review returns, with this episode featuring "The Rainmaker"; Francis Ford Coppola's film based on the John Grisham novel and starring Matt Damon and Danny DeVito.