Employment law

Ducks and roosters: The distinction between employee and independent contractor

11 Apr 2022

Ducks and roosters: The distinction between employee and independent contractor

What is meant by ‘employee’ and ‘contractor’ has changed over the years as the nature of work has evolved. John Wilson and Kieran Pender discuss the complexities of this distinction in light of two recent High Court cases. From the Autumn 2022 edition of Ethos.

Vaccine mandates and ‘lawful and reasonable’ directions: What can an employee be made to do?

20 Dec 2021

Vaccine mandates and ‘lawful and reasonable’ directions: What can an employee be made to do?

Controversy still lingers over the question of whether it is lawful and reasonable for an employer to require their employees to be vaccinated against Covid-19. John Wilson and Kieran Pender explore this question in light of a Fair Work Commission decision in December 2021. From the Summer 2021 edition of Ethos.

Work experience, internship, or employment?

20 Oct 2021

Work experience, internship, or employment?

When is an intern an employee? John Wilson and Kieran Pender explore the potential legal pitfalls of the unpaid legal work experience placement. From the Spring 2021 edition of Ethos.

The private lives of employees: Revisited

5 Jul 2021

The private lives of employees: Revisited

Are there limitations on an employee’s right to a private life? John Wilson and Kieran Pender discuss the evolution of employer oversight beyond the confines of the workplace in the context of recent public sector employment cases. From the Winter 2021 edition of Ethos.

Searching for an elusive truth: Briginshaw in the workplace

30 Mar 2021

Searching for an elusive truth: Briginshaw in the workplace

The Briginshaw decision has become one of Australia’s most cited cases. For employment lawyers especially, Briginshaw adds a gloss to the standard of proof required in civil cases involving serious wrongdoing or the potential for particularly harsh consequences. In this article, John Wilson and Kieran Pender revisit the Briginshaw principle and its application in the workplace context. From the Autumn 2021 edition of Ethos.

Contractual, Tortious and Statutory? The employer’s duty to provide a safe workplace

14 Dec 2020

Contractual, Tortious and Statutory? The employer’s duty to provide a safe workplace

John Wilson and Kieran Pender discuss the obligation of employers to provide safe workplaces for their employees in light of the potential for Covid-19 transmission within the workplace. From the Summer 2020 edition of Ethos.

Tips for managing the legal workforce as COVID-19 restrictions ease in the ACT

23 Sep 2020

Tips for managing the legal workforce as COVID-19 restrictions ease in the ACT

As COVID-19 restrictions ease, the Law Society’s Industrial Relations Committee has published a guide to help ACT Law Firms navigate HR questions related to this phase.

Domestic violence and employer responsibilities

22 Sep 2020

Domestic violence and employer responsibilities

The Covid-19 pandemic has seen a significant proportion of the Australian workforce move to working from home, exacerbating the risk of domestic violence, and heightening the connection with a target’s employment. John Wilson, Kieran Pender and Rebecca Richardson discuss employer responsibilities to employees experiencing domestic violence. From the Spring 2020 edition of Ethos.

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