Workplace Relocation
Author: Joseph Kelly
This article explores some of the case law surrounding relocation of employment and sets out some of the rights and responsibilities of both employers and employees. Read More »

Employment Separation Payments
Author: Joseph Kelly
In this article we will look at your rights as an employee when you are offered a "Golden Handshake". Read More »

Swearing in the Workplace - what not to say to your boss
Author: Joseph Kelly
The Fair Work Commission has generally been inclined to interpret swearing, mockery and other similar intimations towards an employer as being of a lighthearted and inoffensive nature. But just as a joke can turn sour, it can equally demonstrate insult and insubordination. Read More »

Redundancy Payments for Managers and Professionals
Author: Joseph Kelly
Redundancy occurs where the employer no longer requires that a worker's job be done by anyone, or the employer becomes bankrupt or insolvent. Read More »

Out of Hours Conduct – What You Need to Know
Author: Joseph Kelly
It is easy to believe that, as employees, the extent of our obligation to our employer is to turn up and do our job. It would follow, then, that what we did as soon as we left the premises of our employer was not only nobody else’s business but had nothing to do with any obligations we owed our employer. But this is not the case. Read More »

Conducting Workplace Investigations
Author: Greg Romeo
A handy guide for employers and employees on what steps should be taken to make sure an internal workplace investigation is conducted fairly. Read More »

Out of Hours – And In Trouble?
Author: Greg Romeo
A look at the law as it relates to out of hours conduct by employees and whether this conduct can be relied upon by an employer to discipline an employee. Read More »

Can My Employer Relocate My Employment?
Author: Greg Romeo
A study of the remedies available if your employer decides to relocate your job. Read More »

Returning to Work After Pregnancy
Author: Greg Romeo
Negotiating family and work is hard – but deciding to return to work shouldn’t be. This article studies the provisions of the Fair Work Act that aim to help women return to work after the birth of a child.Read More »

Five Ways To Negotiate a Better Employment Contract
Author: Greg Romeo
We are not all master negotiators. Luckily, there are some helpful tips that can help all employees try and negotiate a better deal. Read More »

How Do Restraint of Trade Clauses Work?
Author: Joseph Kelly
Restraint of Trade clauses are a common feature of employment contracts. They are also very hard to draft well and even harder to enforce. This article gives a brief overview of what to look for. Read More »

Why Do I Need a Support Person?
Author: Joseph Kelly
At some time in our work life we will be called into a meeting with our employer and asked to bring a support person. This article looks at the role of a support person and answers whether you should bring one to your meeting. Read More »

Court finds that complainant was subject to systemic discrimination on the basis of her age and sex, acknowledging the role of unconscious bias.
Austin Health v Tsikos [2023] VSCA 82
Published: 21 March 2024

On 17 April 2023, the Victorian Court of Appeal overruled the decision of the Victorian Civil and Administrative Tribunal (‘VCAT’) in favour of the respondent, Ms Tsikos, and dismissed the appeal by Austin Health. Although the Court of Appeal granted leave to appeal, none of the grounds were successful, instead agreeing with the single instance judgment and finding that VCAT had erred in its original decision.

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Young medical boss sues after discovering one of her male staffers is paid $40,000 more than her - and how her request for a pay rise was dismissed as being 'motivated by money'
Published: 11 April 2022

A medical department manager being paid thousands of dollars less than male employees she managed has had a win in her discrimination case against Austin Health.

Christina Tsikos was appointed manager of the orthotic and prosthetic department in mid-2011 and quickly discovered a senior clinician among the 16 staff she managed was being paid above classified wages.

Original Article »
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Fair Work Commission gets $1.4 million to expand free legal advice service for unrepresented businesses Published: February 12, 2019

The Fair Work Commission (FWC) will get $1.4 million in extra government funding for a service providing free legal advice about workplace issues to “eligible” small-business owners. Read More »

$52,000 fine for denying new mother "fundamental entitlement"
Published: 27 July 2016
Roy Morgan Research Ltd has been fined $52,000 for denying a director's request for flexible hours following her return from maternity leave, before then making her redundant. Read More »

Making new mother redundant was adverse action: Court
Published: 15 February 2016 2:50pm
Roy Morgan Research Ltd took adverse action against a director who sought to return to work after maternity leave when it refused her request for flexible working hours and instead brought forward her redundancy, the Federal Circuit Court has found. Read More »

Big adverse action payout for "not a good look" pregnant worker
Published: 2 May 2014
A photographer allegedly told by the owners of a family-run business that she would not be able to take photos or work with clients while heavily pregnant because it would not be "a good look" has been awarded more than $235,000 in compensation and penalties. Read More »

Beauty and the Geek contestant wins adverse action claim
Published: 19 November 2012 4:54pm
In an important ruling on the weight HR practitioners should accord to medical certificates, a court has today reinstated a weather observer who was dismissed for planning to appear on a reality television program while absent on sick leave for anxiety and traumatic stress. Read More »