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Latest News

17Apr 2019

These are EMA’s pick of the most interesting and relevant cases reported in the last two months. Please note that these are summaries only, and should not be relied upon in place of the full judgment. If you would like clarification on any of the judgments, or wish to know how a particular case may […]

25Feb 2019

STATISTICS DON’T LIE Since 2010, the rate of absenteeism in Australia has risen by 7%, while as much as 5% of the Australian workforce calls in sick on any given day. On average, Australian employees take 8.8 unscheduled days off per year with over 90 million working days being lost through unexpected absences. However, the real killer […]

07Feb 2019

How well are your systems and processes documented? As regulatory burdens, and competition for attracting and retaining quality employees increase, it’s hard for employers to maintain effective and compliant people and safety processes. The above chart shows employer success rates at arbitration for unfair dismissal applications are declining – this is concerning especially considering these […]

14Jan 2019

The Federal Circuit Court has handed down its decision on the penalty to Workpac for failing to give its employee—Mr Paul Skene—annual leave, because he was engaged as a ‘casual employee’. We have outlined the details of this case in a previous EMA note. In summary, an employee engaged as a ‘casual’ employee was entitled to […]

07Dec 2018

EMA Consulting Networking session  6 December 2018 Presented by Ashleigh Smith – Director, EMA Consulting EMA Consulting’s latest networking session on the 6 December,reviewed a selection of Unfair Dismissal cases from the past 12 months, as well as discussing current trends and statistics. Unfair Dismissal has three key factors to consider: unjust, unreasonable and harsh. […]

20Nov 2018

Out-of-hours conduct can often become ‘work-related’, creating a risk for employers. This is increasingly important with the ‘silly season’ approaching. Here are our top tips for planning your Christmas function. What’s the Risk? Christmas parties and other work-related functions often see mismanagement of industrial relations issues that would otherwise be carefully considered by managers or, […]