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Employment & Industrial Relations Law
Employers Asking for Facebook Passwords
Job Interviewing Trend: Employers Asking for Facebook Passwords Emerging recently from the United States is a somewhat unnerving trend of employers requesting current or potential employees to divulge their Facebook passwords during interviews, or as a condition of their continuing employment. The issue has prompted United States senators to call for enquiry > Read More
Employment Contracts – Awards
At Rostron Carlyle, we believe that when it comes to Employment, a well drafted contract is extremely important. It should cover all aspects of the person’s employment, including Awards. Awards refer to the wages that an Employee is entitled to during the course of their employment. Minimum Wages Employees are entitled to > Read More
Misleading statements made prior to employment
In circumstances where statements are made prior to a potential employee being employed, employers need to be aware of the importance of ensuring that such statements do not mislead the potential candidates. This is due to the result that was reached in Moss v Lowe Hunt & Partners where an employee’s company > Read More
What to consider when hiring a contractor
What to consider when hiring a contractor When hiring contractors, it is important to distinguish whether a person is a contractor or actually considered an employee, as there are certain taxation, superannuation and workers compensation rules attached to hiring employees as opposed to contractors. A person is a Contractor if: They advertise > Read More
Do organisational policies form part of the contract of employment?
Organisational policies are commonplace. The question is whether employees are bound by their terms and whether organisations would like them to be bound. Whist every case needs to be decided on its own facts, the case of Peter Willis v Health Communications Network Ltd (No 2) [2008] NSWCA 2 (8 February 2008) > Read More
The end of the golden handshake – proposed changes to executive termination benefits
On 7 September 2009, the Senate Economics Legislation Committee released its Final report the Rudd Governments Corporations Amendment (Improving Accountability on Termination Payments) Bill 2009 (Bill) aimed at reducing excessive executive termination benefits. The current provisions of the Corporations Act 2001 (Cth) (Act) allows for termination benefits of up to 7 times > Read More
Fair Work Information Statements – requirements start 1 January 2010
Australia’s new workplace relations system Employers need to provide Fair Work Information Statement (FWIS) as part of the National Employment Standards (NES) created under the Fair Work Act 2009 (Cth) (Act). As of 1 January 2010, the NES will apply to all employees covered by the national workplace relations system, regardless of > Read More
