Unlimited annual leave gathers momentum
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LinkedIn – in whose professional interest?
Back to the future: The digital disruption debate
Video killed the radio star…or did it?
In its most recent research paper analysing the effects and possible responses to digital disruption, the Productivity Commission observes that with each wave of change “speculation about the effects of technologies often suffers from extreme optimism or pessimism”.
While perhaps raising more questions than it answers, the Productivity Commission focuses on the potential of digital technologies to deliver economic benefits if regulated appropriately.…
AFL “list management” – a polite term for age discrimination?
As the Australian Football League 2016 pre-season approaches, there is a lot of talk in the media about “list management” by clubs. This generally involves retiring or trading “older” players – usually over the age of 28.
It is often assumed – rightly or wrongly – that football players lose their athletic edge around this age. But is it fair – or legal – to use age as a blunt proxy for performance? There are…
Zero tolerance – the new standard in the construction industry
In September 2015, the Building Code 2013 was amended to incorporate mandatory drug and alcohol testing for Commonwealth funded construction projects. From 16 October 2015, head contractors must have a comprehensive fitness for work policy in place to manage alcohol and other drugs which includes mandatory testing.…
The sharing economy – what’s the potential?
The Spectator magazine recently published a thought-provoking article on the “sharing economy” epitomised by websites and apps like Airbnb and Uber.
According to the writer, the sharing economy has “little to do with sharing at all” but rather has the potential to turn absolutely everything – from your house, to your car, even pets – into a commodity.…
A classic case of mistaken identity
Readers may recall the controversial Odco litigation in the early 1990s where workers engaged under a labour-hire agreement were found to be genuine independent contractors and not employees of either the labour-hire agency or the client.
While growing in popularity, use of Odco-style contractual provisions by companies may not avoid an employment relationship – it all depends on the facts.…
Simplifying transfer of business within group companies
Restructuring or re-organising a business is common. Companies make these changes for a variety of reasons – to change the business model, pursue operational improvements, reduce cost, and/or make optimum use of available resources. It’s also increasingly likely that displaced employees will be given the opportunity to transfer between related group companies. Employers seeking to rely on the redundancy exemption to the unfair dismissal provisions in the Fair Work Act 2009 (FW Act) will need…