Discrimination, Harassment & Diversity

Employment, Workplace Relations & Safety

Employment, Workplace Relations & Safety » Discrimination, Harassment & Diversity

The number of unintended breaches of anti-discrimination laws reflect the difficulties many employers face with the relatively recent introduction of additional legislative protections against discrimination, particularly relating to rights to request flexible working arrangements.

Corrs has advised on a number of high profile discrimination claims and also aims to assist employers prevent problems by working with them to ensure managers understand their obligations under anti-discrimination and employment laws. This includes ensuring that employers adopt practices that foster a workplace culture free from discrimination, bullying and harassment, implementing effective complaint procedures and providing appropriate training to line managers.

Our Thinking

Mental Illness and Workplace Disciplinary Law: The 6 Golden Rules

How does a business ensure it is legally compliant when dealing with a worker who suffers (or may suffer) from mental illness? And most importantly, how can it ensure that it does not cause harm to anyone when applying disciplinary processes?

More

Risky Business: Six steps for preventing and managing sexual harassment in the workplace

Liability for sexual harassment is an increasing risk for employers and managers. Taking these six practical steps will help your business prevent and manage sexual harassment effectively.

More

Even Matildas need childcare: An analysis of Garriock v Football Federation Australia

As the Matildas compete at the Rio Olympics, we revisit a recent decision rejecting an indirect discrimination claim by former midfielder, Heather Garriock.

More

PAY BACK – employer undertakes to reimburse employees more than $2 million in underpayments

A recent enforceable undertaking affirms the importance of correctly calculating employee entitlements under modern awards.

More

The Coles Agreement decision and what it means for enterprise bargaining

A Full Bench of the Fair Work Commission refused to approve an enterprise agreement covering Coles Supermarkets. We examine the decision, its fallout and the lessons for employers to ensure that agreements pass the ‘better off overall test’.

More

Teaching old dogs new tricks: The Fair Work Commission’s New Approaches program

Under the Fair Work Commission (FWC) New Approaches program, employers can now seek assistance from the FWC to develop a ‘new approach’ to bargaining, implementing change and resolving workplace conflict.

More

La Trobe University Academic’s Suspension again Highlights Social Media Perils for Employees

La Trobe University’s suspension of Roz Ward for a controversial Facebook post again raises the question: to what extent can employers exercise control over the social media activity of their employees?

More

First conviction for failing to 'co-operate, consult and co-ordinate' under Model WHS Laws

The decision in Boland v Trainee and Apprentice Placement Service Inc [2016] SAIRC 14 is the first conviction for breach of the concurrent duty holder consultation duty under model WHS laws.

More

Right of casuals to make enterprise agreements clarified

In this In Brief we examine the decision in McDermott Australia Pty Ltd v AWU & AMWU [2016] FWCFC 2222. The decision clarifies that casual employees can be included in the vote on an enterprise agreement.

More

The long arm of adverse action: independent investigations and performance reviews

We examine the recent decision in Perez v Northern Territory Department of Correctional Services [2016] FCA 476, which highlights the importance for employers of handling workplace investigations and performance reviews carefully.

More

Workplace Bullying – A Guide for SMEs and Start-Ups

SMEs and start-ups face particular challenges in managing people. One of the key employment law issues is workplace bullying. We explain the legal risks in this area and how to avoid bullying claims.

More

Representation Notices: Get Them Right, Or Start Bargaining All Over Again

We examine several cases where employers have tripped up on the requirements for issuing representation notices at the start of bargaining – and provide some key tips for ‘getting it right’

More

Are your contractors paying award wages? It might be your problem if they’re not!

7-Eleven and other recent examples of worker exploitation highlight the need for businesses to ask: what is going on in our own supply chain?

More

Knock Knock, Who’s There? – What not to do when union officials seek entry to your worksite

We review the recent decision in Bragdon v Director of the Fair Work Building Industry Inspectorate [2016] FCAFC 64. The case demonstrates the risks of letting union officials on site, without a statutory right.

More

Snatching defeat from the jaws of victory – lessons from recent unfair dismissal decisions

Three recent FWC decisions remind employers that although there may a valid reason to dismiss of an employee, other factors can lead to a finding of unfairness.

More

Does Australia have the right IR system for the workplace of the future?

Four leaders speak out on Australia's industrial relations system and the Productivity Commission's review of workplace relations.

More Download

Disruptors like Uber and AirBnB are changing the employment model - Are Australia’s workplace laws keeping up?

Australia’s IR system has fallen out of step with modern employment business practices.

More Download

Employment, workplace & safety law: Mid-year review

Your guide to the most important employment, workplace and safety developments that are likely to impact your business.

More Download

Preventing work-related death and injury

Hundreds of people are still losing their lives each year in Australian workplaces. Why?

More

Can an employee be sacked for tweeting “political opinions”?

Will dismissed SBS reporter Scott McIntyre’s sacking be found to be unlawful?

More

“Maybe I shouldn’t have tweeted that!” Social media misuse in the workplace

What can employers learn from recent cases involving employee social media indiscretions?

More

The bargaining challenges facing employers - What can the Productivity Commission do to help?

How far will employers get with their preference for a more voluntarist bargaining framework coming out of the Productivity Commission Review?

More

Get ready: These are the workplace relations issues to watch in 2014-15

Stay ahead of the key changes to workplace relations laws with our guide to the big issues for the coming year.

More

Asia Employment Law: Quarterly Review: Q1 2014

In the chapter on Australian workplace relations, we highlight the major legislative, consultative, policy and case law changes expected in 2014.

More Download

A regional guide to 'restrictive convenants'

This guide contains discussions on non-compete covenants, non-solicitation covenants and non-solicitation of employees’ clauses, issues relating to employee benefits, pension, stock plans and more.

More Download

Social media in the workplace - Risks for employees and lessons for employers

Recent cases have highlighted the perils of social media for employees, and the importance for employers of managing these issues correctly.

More

Four ways the Fair Work Act is making business riskier for employers

Making decisions that affect employees is more risky than ever and the penalty of poor planning is conflict with unions and litigation in court.

More

Should abusive conduct by union officials be tolerated in our workplaces?

What can employers do when confronted with obnoxious or offensive behaviour by union officials?

More

The Fair Work Act Review and key developments in enterprise bargaining

In this paper, we provide an update on the progress of the Fair Work Act Review and a round-up of some significant recent decisions dealing with enterprise bargaining and protected industrial action.

More Download

A Fairer Work Act?

The government has announced the much anticipated review of the Fair Work Act. Whilst noting the act is working well at the moment this presents an opportunity to see if it can be improved.

More

Navigating the Fair Work Laws

As more and more companies invest overseas, the need for readily available, accurate, and detailed knowledge of labour and employment laws in multiple jurisdictions becomes an essential resource for employers and their counsel.

More

Legal Compliance in Australia

As more and more companies invest overseas, the need for readily available, accurate, and detailed knowledge of labour and employment laws in multiple jurisdictions becomes an essential resource for employers and their counsel.

More

Transition to Forward with Fairness: Labor’s Reform Agenda

This is a practical guide to these significant transitional arrangements, the full implementation of which was not complete until early 2010. This book, has ongoing relevance as a useful guide to a turbulent phase of workplace relations change.

More

Workplace Relations in the Building and Construction Industry

This book explains the significant changes that have occurred in the regulation of the workplace relations in the building and construction industry in Australia over several years.

More

Our Experts

COLMAN Alan website grey SIZED TH

Alan Colman

Partner Location Melbourne Profile
NORTH Georgina website grey fake TH

Georgina Alexandrou

Special Counsel Location Brisbane Profile
Jack de Flamingh.jpg

Jack de Flamingh

Partner Location Sydney Profile
Janine Young2

Janine Young

Partner Location Melbourne Profile
John-Tuck.jpg

John Tuck

Partner Location Melbourne Profile
DORRICOTT Leanne website grey fake TH

Leanne Dorricott

Special Counsel Location Brisbane Profile
Nick Ellery.jpg

Nicholas Ellery

Partner Location Perth Profile
LeMARENickwebsitegreySIZEDTH.jpg

Nick Le Mare

Partner Location Brisbane Profile
RosemaryROCHE.jpg

Rosemary Roach

Consultant Location Perth Profile
Ruth-Nocka.jpg

Ruth Nocka

Special Counsel Location Sydney Profile
BILLING Simon website grey SIZED TH

Simon Billing

Partner Location Perth Profile
PRICE Stephen website grey SIZED TH

Stephen Price

Partner Location Sydney Profile

Our Thinking

Mental Illness and Workplace Disciplinary Law: The 6 Golden Rules

How does a business ensure it is legally compliant when dealing with a worker who suffers (or may suffer) from mental illness? And most importantly, how can it ensure that it does not cause harm to anyone when applying disciplinary processes?

Risky Business: Six steps for preventing and managing sexual harassment in the workplace

Liability for sexual harassment is an increasing risk for employers and managers. Taking these six practical steps will help your business prevent and manage sexual harassment effectively.

Even Matildas need childcare: An analysis of Garriock v Football Federation Australia

As the Matildas compete at the Rio Olympics, we revisit a recent decision rejecting an indirect discrimination claim by former midfielder, Heather Garriock.

PAY BACK – employer undertakes to reimburse employees more than $2 million in underpayments

A recent enforceable undertaking affirms the importance of correctly calculating employee entitlements under modern awards.

The Coles Agreement decision and what it means for enterprise bargaining

A Full Bench of the Fair Work Commission refused to approve an enterprise agreement covering Coles Supermarkets. We examine the decision, its fallout and the lessons for employers to ensure that agreements pass the ‘better off overall test’.

Teaching old dogs new tricks: The Fair Work Commission’s New Approaches program

Under the Fair Work Commission (FWC) New Approaches program, employers can now seek assistance from the FWC to develop a ‘new approach’ to bargaining, implementing change and resolving workplace conflict.

La Trobe University Academic’s Suspension again Highlights Social Media Perils for Employees

La Trobe University’s suspension of Roz Ward for a controversial Facebook post again raises the question: to what extent can employers exercise control over the social media activity of their employees?

First conviction for failing to 'co-operate, consult and co-ordinate' under Model WHS Laws

The decision in Boland v Trainee and Apprentice Placement Service Inc [2016] SAIRC 14 is the first conviction for breach of the concurrent duty holder consultation duty under model WHS laws.

Right of casuals to make enterprise agreements clarified

In this In Brief we examine the decision in McDermott Australia Pty Ltd v AWU & AMWU [2016] FWCFC 2222. The decision clarifies that casual employees can be included in the vote on an enterprise agreement.

The long arm of adverse action: independent investigations and performance reviews

We examine the recent decision in Perez v Northern Territory Department of Correctional Services [2016] FCA 476, which highlights the importance for employers of handling workplace investigations and performance reviews carefully.

Workplace Bullying – A Guide for SMEs and Start-Ups

SMEs and start-ups face particular challenges in managing people. One of the key employment law issues is workplace bullying. We explain the legal risks in this area and how to avoid bullying claims.

Representation Notices: Get Them Right, Or Start Bargaining All Over Again

We examine several cases where employers have tripped up on the requirements for issuing representation notices at the start of bargaining – and provide some key tips for ‘getting it right’

Are your contractors paying award wages? It might be your problem if they’re not!

7-Eleven and other recent examples of worker exploitation highlight the need for businesses to ask: what is going on in our own supply chain?

Knock Knock, Who’s There? – What not to do when union officials seek entry to your worksite

We review the recent decision in Bragdon v Director of the Fair Work Building Industry Inspectorate [2016] FCAFC 64. The case demonstrates the risks of letting union officials on site, without a statutory right.

Snatching defeat from the jaws of victory – lessons from recent unfair dismissal decisions

Three recent FWC decisions remind employers that although there may a valid reason to dismiss of an employee, other factors can lead to a finding of unfairness.

Does Australia have the right IR system for the workplace of the future?

Four leaders speak out on Australia's industrial relations system and the Productivity Commission's review of workplace relations.

Disruptors like Uber and AirBnB are changing the employment model - Are Australia’s workplace laws keeping up?

Australia’s IR system has fallen out of step with modern employment business practices.

Employment, workplace & safety law: Mid-year review

Your guide to the most important employment, workplace and safety developments that are likely to impact your business.

Preventing work-related death and injury

Hundreds of people are still losing their lives each year in Australian workplaces. Why?

Can an employee be sacked for tweeting “political opinions”?

Will dismissed SBS reporter Scott McIntyre’s sacking be found to be unlawful?

“Maybe I shouldn’t have tweeted that!” Social media misuse in the workplace

What can employers learn from recent cases involving employee social media indiscretions?

The bargaining challenges facing employers - What can the Productivity Commission do to help?

How far will employers get with their preference for a more voluntarist bargaining framework coming out of the Productivity Commission Review?

Get ready: These are the workplace relations issues to watch in 2014-15

Stay ahead of the key changes to workplace relations laws with our guide to the big issues for the coming year.

Asia Employment Law: Quarterly Review: Q1 2014

In the chapter on Australian workplace relations, we highlight the major legislative, consultative, policy and case law changes expected in 2014.

A regional guide to 'restrictive convenants'

This guide contains discussions on non-compete covenants, non-solicitation covenants and non-solicitation of employees’ clauses, issues relating to employee benefits, pension, stock plans and more.

Social media in the workplace - Risks for employees and lessons for employers

Recent cases have highlighted the perils of social media for employees, and the importance for employers of managing these issues correctly.

Four ways the Fair Work Act is making business riskier for employers

Making decisions that affect employees is more risky than ever and the penalty of poor planning is conflict with unions and litigation in court.

Should abusive conduct by union officials be tolerated in our workplaces?

What can employers do when confronted with obnoxious or offensive behaviour by union officials?

The Fair Work Act Review and key developments in enterprise bargaining

In this paper, we provide an update on the progress of the Fair Work Act Review and a round-up of some significant recent decisions dealing with enterprise bargaining and protected industrial action.

A Fairer Work Act?

The government has announced the much anticipated review of the Fair Work Act. Whilst noting the act is working well at the moment this presents an opportunity to see if it can be improved.

Navigating the Fair Work Laws

As more and more companies invest overseas, the need for readily available, accurate, and detailed knowledge of labour and employment laws in multiple jurisdictions becomes an essential resource for employers and their counsel.

Legal Compliance in Australia

As more and more companies invest overseas, the need for readily available, accurate, and detailed knowledge of labour and employment laws in multiple jurisdictions becomes an essential resource for employers and their counsel.

Transition to Forward with Fairness: Labor’s Reform Agenda

This is a practical guide to these significant transitional arrangements, the full implementation of which was not complete until early 2010. This book, has ongoing relevance as a useful guide to a turbulent phase of workplace relations change.

Workplace Relations in the Building and Construction Industry

This book explains the significant changes that have occurred in the regulation of the workplace relations in the building and construction industry in Australia over several years.

Our Experts

COLMAN Alan website grey SIZED TH

Alan Colman

Partner Melbourne +61 3 9672 3499
NORTH Georgina website grey fake TH

Georgina Alexandrou

Special Counsel Brisbane +61 7 3228 9402
Jack de Flamingh.jpg

Jack de Flamingh

Partner Sydney +61 2 9210 6192
Janine Young2

Janine Young

Partner Melbourne +61 3 9672 3254
John-Tuck.jpg

John Tuck

Partner Melbourne +61 3 9672 3257
DORRICOTT Leanne website grey fake TH

Leanne Dorricott

Special Counsel Brisbane +61 7 3228 9722
Nick Ellery.jpg

Nicholas Ellery

Partner Perth +61 8 9460 1615
LeMARENickwebsitegreySIZEDTH.jpg

Nick Le Mare

Partner Brisbane +61 7 3228 9786
RosemaryROCHE.jpg

Rosemary Roach

Consultant Perth +61 8 9460 1603
Ruth-Nocka.jpg

Ruth Nocka

Special Counsel Sydney +61 2 9210 6597
BILLING Simon website grey SIZED TH

Simon Billing

Partner Perth +61 8 9460 1793
PRICE Stephen website grey SIZED TH

Stephen Price

Partner Sydney +61 2 9210 6236