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Employment Law Podcast

Tune into the Employment Law Podcast hosted by the team from EI Legal

A weekly podcast brought to you by the lawyers at EI Legal discussing topical issues in employment law; aimed at HR professionals, in-house counsel and anyone with an interest in this area.

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LATEST EPISODE

EPISODE #14 | RECORD KEEPING OBLIGATIONS

Your Hosts:  Simon Obee | Aahana Lakhia

In this podcast, we run through the record-keeping obligations that exist for employers under the Fair Work Act and explain common errors we see employers make.

This includes a failure to keep adequate termination of employment records and the mandatory (but often misunderstood) requirements regarding keeping a record of the number of overtime hours award-covered employees work: even when they are paid a flat hourly rate or salary.

You may download the Employment Innovations’ Record Keeping Checklist resource that we referenced during this podcast.

Need advice on your record keeping obligations and relevant requirements or have feedback on the podcast? Please contact our team.

PAST EPISODES

EPISODE #13 | WAGE THEFT IN QUEENSLAND

Your Hosts:  Simon Obee | Aahana Lakhia | Antonia Randles

In our first “true crime” podcast, we explore recent changes to legislation which criminalises “wage theft” in Queensland by classifying deliberate underpayment of employees as stealing and fraud under the law, punishable by imprisonment.

We also briefly recap on similar legislation recently passed in Victoria, as well as providing some top tips for employers to avoid falling foul of the law.

Need advice on these new laws, understand your risk of non-compliance or have feedback on the podcast? Please contact our team.

EPISODE #12 | JOBKEEPER 2.0 & THE FAIR WORK ACT FLEXIBILITIES

Your Hosts:  Simon Obee | Aahana Lakhia

In this episode, we explain the effect of the legislation passed by Parliament on 1 September 2020 which deals with the operation of the Fair Work Act flexibilities in JobKeeper 2.0.

We examine the rights of employers remaining eligible for JobKeeper and the (more limited) rights of employers leaving the JobKeeper scheme at the end of September. In particular, we explain the new rules relating to JobKeeper Enabling Stand Down Directions and the abilities to reduce employees’ ordinary hours.

Need advice on JobKeeper 2.0 & the Fair Work Act flexibilities or have feedback on the podcast? Please contact our team.

EPISODE #11 | CRAZY CLAUSES IN MODERN AWARDS

Your Hosts:  Simon Obee | Aahana Lakhia | Antonia Randles

In this episode, we look at some of the weird and wonderful clauses that appear in modern awards.

Tune into to discover: Which award obliges employers to give employees a full month’s notice, even when they have only been employed less than a year? Which award provides all employees with five weeks annual leave? Which awards stipulate employees get redundancy pay even when they resign? How much is an employee entitled to get paid to dig up a dead body?… And many more crazy award provisions.

Need advice on modern award provisions/clauses or have feedback on the podcast? Please contact our team.

EPISODE #10 | MONDELEZ APPEAL DECISION & LEAVE FUN FACTS

Your Hosts:  Simon Obee | Aahana Lakhia | Antonia Randles 

In this episode, we discuss the High Court decision in the appeal of the AMWU v Mondelez. A case that confirms that the entitlement to 10 days personal/carer’s leave under the Fair Work Act means 10 days of 7.6 hours for full-time employees and a pro-rata amount for part-time employees.

We also talk about our favourite fun facts regarding leave entitlements, which often catch employers out.

Need advice on personal/carer’s leave, annual leave, long service leave etc. or have feedback on the podcast? Please contact our team.

EPISODE #9 | NEW RESTRICTIONS IN VICTORIA & CHANGES TO JOBKEEPER 2.O

Your Hosts:  Simon Obee | Antonia Randles | Alana Giddy (Head of HR, Employment Innovations)

In this episode, we are joined by Alana Giddy, Head of HR for Employment Innovations to talk about the new Stage 4 restrictions in Melbourne and changes to JobKeeper 2.0.

We discuss the new rules relating to which businesses can remain open and mandatory requirements regarding worker permits and COVID Safe Plans. We also explore the change in eligibility rules for JobKeeper 2.0 and the fact that the scheme will now cover employees employed on 1 July 2020.

Links to the resources mentioned in the podcast:
Permitted Worker Scheme (incl. Template Worker Permit) | Creating a COVID Safe Plan | Business Support Fund

Financial support for employees | Paid pandemic leave for aged care workers | Employment Innovations’ COVID-19 Resources

Book your free 30 minute 1:1 HR Consultation with an expert from Employment Innovations

Need advice on the Stage 4 Restrictions in Melbourne, the changes to JobKeeper 2.0 or have feedback on the podcast? Please contact our team.

EPISODE #8 | SEXUAL HARASSMENT

Your Hosts:  Simon Obee | Aahana Lakhia | Antonia Randles 

In this episode, we discuss the law relating to sexual harassment. We take a look at the classic case of Richardson v Oracle which illustrates the steps employers need to take to avoid being “vicariously liable” for the actions of employees who commit sexual harassment.

We also examine the recent decision of Hill v Hughes which set a new record in aggravated damages awarded in sexual harassment, the appeal of which included the dubious “Mr Darcy” defence.

Need advice on sexual harassment or have feedback on the podcast? Please contact our team.

EPISODE #7 | JOBKEEPER PAYMENT SCHEME EXTENSION

Your Hosts:  Simon Obee | Aahana Lakhia

In this episode of the Employment Law Podcast, we unpack the extension of the JobKeeper wage subsidy including changes to the payment structure and eligibility rules.

We provide some analysis on the changes to employers’ rights and obligations if they are no longer part of the scheme, with a particular emphasis on the ability to stand down employees. We also provide some practical advice on steps employers can take prior to JobKeeper ending.

Need advice on your rights and obligations for JobKeeper 2.0 or have feedback on the podcast? Please contact our team.

EPISODE #6 | GENERAL PROTECTIONS & ADVERSE ACTIONS [PART 2]

Your Hosts:  Simon Obee | Aahana Lakhia | Antonia Randles 

In this episode of the Employment Law Podcast, we continue our discussion on the general protections in the Fair Work Act 2009.

We examine the protection from adverse action taken on discriminatory grounds and look at the exemptions including; where discrimination is taken due to an inherent requirement of the role; and where the conduct is not unlawful under separate State / Territory laws.

Need advice on general protections, adverse action or have feedback on the podcast? Please contact our team.

EPISODE #5 | GENERAL PROTECTIONS & ADVERSE ACTIONS [PART 1]

Your Hosts:  Simon Obee | Aahana Lakhia | Antonia Randles 

In this episode, we discuss the general protection provisions in the Fair Work Act 2009, with a particular focus on the provision that protects employees (and other persons) from adverse action being taken against them because they have exercised a workplace right.

We cover what is mean by the phrase “adverse action” and explain common examples of workplace rights (including making a complaint or enquiry into an employee’s employment). We also explain the operation of the “reverse onus of proof” and explain the differences between unfair dismissals and general protections claims.

Need advice on general protections, adverse action or have feedback on the podcast? Please contact our team.

EPISODE #4 | UNFAIR DISMISSAL

Your Hosts:  Simon Obee | Aahana Lakhia | Antonia Randles 

In this episode of the Employment Law Podcast, we examine the law of unfair dismissal; who it protects; how to avoid it; and what are the penalties of getting things wrong. We also explore classic unfair dismissal concepts as well as looking at some recent Fair Work Commission decisions in this area.

Need advice on unfair dismissal (as en employer or employee) or have feedback on the podcast?  Please contact our team.

EPISODE #3 | EMPLOYMENT LAW UPDATES

Your Hosts:  Simon Obee | Aahana Lakhia | Antonia Randles 

In this episode, we discuss the latest in employment law including the introduction of wage theft legislation in Victoria, the federal minimum wage increase and the possible appeal of the recent decision in Workpac v Rossato concerning casual entitlements & employment.

Need employment law advice or have feedback on the podcast? Please contact our team.

EPISODE #2 | INDEPENDENT CONTRACTORS

Your Hosts:  Simon Obee | Aahana Lakhia | Antonia Randles 

We discuss the legal obligations and risks when businesses engage independent contractors, including the risk that a contractor will be found to be an employee. We examine the factors that a court will take into account when making determining whether a worker is a contractor or an employee. We also look into the circumstances in which contractors must be paid superannuation and when businesses must take out workers compensation insurance for contractors.

To download our independent contractor vs employee checklist, click https://hubs.ly/H0rLbSb0.

Need advice regarding independent contractors or have feedback on the podcast? Please contact our team.

EPISODE #1 | REDUNDANCY

Your Hosts:  Simon Obee | Aahana Lakhia | Antonia Randles 

We discuss employers’ obligations when making employees redundant. Including the need to follow a redundancy process, obligations in respect of redundancy payments and common legal issues that arise.

To download our redundancy checklist click https://hubs.ly/H0rtcDW0.

Need tailored advice on redundancy or have feedback on the podcast? Please contact our team.

THE EMPLOYMENT LAW PODCAST HOSTS

Simon Obee | Principal Lawyer - EI Legal

SIMON OBEE

Principal Lawyer

Aahana Lakhia | Senior Lawyer - EI Legal

AAHANA LAKHIA

Senior Lawyer

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