The law relating to the rights of employers and employees regarding requests for flexible hours and working from home.
Australia: Michael Byrnes appeared on Nights with John Stanley on 2GB and 4BC on 20 Nov 2023 to discuss employees working from home and the legal aspects of workplace Christmas parties - Swaab
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Australia: An article by Michael Byrnes - Legal considerations for before, during and after your office Christmas party - was published on the HRM Online website on 20 November 2023 - Swaab
Employers need to carefully balance holding a fun event with maintaining a safe environment for employees.
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Australia: Michael Byrnes is quoted in the article - Be merry, it's mandatory: Office Christmas parties and employer duty of care - published in HR Leader on 24 November 2023 - Swaab
The employer has the same obligations at the Christmas party as they do in the ordinary workplace.
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Australia: Michael Byrnes is quoted in the article, "Closing Loopholes Bill: new tranche of industrial relations changes coming in 2024", published in HRM Online on 12 December 2023 - Swaab
Link to article discussing what HR needs to know about the Closing Loopholes Bill.
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Australia: Michael Byrnes appeared on Drive with Neil Breen on 2GB on 20 December 2023 to discuss the legal aspects of employees working from home - Swaab
Since the pandemic, trying to balance remote and on-site working has been a massive challenge for employers.
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Australia: Michael Byrnes is quoted in the article - Last drinks as companies dial back on alcohol at the Christmas parties - published in the Australian on 8 December 2023 - Swaab
New legislation has an impact on the way corporates run their Christmas parties – with or without alcohol.
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Australia: Australia Day substitution: The legal issues (2024 edition) - Swaab
An employer cannot compel an employee to substitute the Australia Day public holiday for another date.
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Australia: Michael Byrnes appeared on Nights with John Stanley on 2GB and 4BC on 22 January 2024 to discuss the legal issues associated with substitution of the Australia Day public holiday (from 1:26:55 to 1:35:35) - Swaab
By agreement with their employer, some employees can elect to work on Australia Day.
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Australia: An article written by Michael Byrnes - Legal considerations when letting employees swap their public holidays - was published in HRM Online on 25 January 2024 - Swaab
The decision to swap their public holiday is ultimately one for the employee and any choice made will be respected.
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Australia: Michael Byrnes is quoted in the article, "Should employees be allowed to choose if they work on Australia Day?", published on Human Resources Director (HRD) on 26 January 2024 - Swaab
Put the power in the hands of the employee as to whether they want to do it or not.
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Australia: Michael Byrnes is quoted in the article, "Cautionary tale for employers grappling with remote work", published in The Australian on 27 January 2024 - Swaab
Working from home instead of attending the office was not a valid reason for dismissal.
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Australia: Lattouf v ABC: Unlawful termination dispute - the current state of play - Swaab
Although Ms Lattouf filed an unlawful termination dispute application with the FWC, this is not an unfair dismissal case.
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Australia: Valentine's Day in the workplace (2024 edition) - Swaab
Highlights that Valentine's Day could be a time for issues such as sexual harassment in the workplace.
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Australia: Michael Byrnes is quoted in the article - 4 legislation changes HR needs to be across in 2024 - published in HRM Online on 13 February 2024 - Swaab
By January 2025, employers could face large fines and/or imprisonment for deliberate acts of wage underpayment.
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Australia: Michael Byrnes is quoted in the article - Right to Disconnect bill could create 'significant management issue for law firms' - published in Lawyers Weekly on 13 February 2024 - Swaab
For law firms, the notion of working standard office hours is something of an anachronism.
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Australia: The Right to Disconnect: What is it? What does it mean for workplaces? - Swaab
The practical implementation of the right to disconnect is likely going to pose substantial challenges for employers.
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Australia: Michael Byrnes appeared on - Nights with John Stanley - on 2GB and 4BC on 12 February 2024 to discuss the right to disconnect (from 1:28:12 to 1:38:45) - Swaab
Employees have the right to disconnect work-related calls outside of working hours, if the contact is unreasonable.
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Australia: Michael Byrnes is quoted in the article - Career-ending: Gen Z lawyers warned against right to disconnect laws - published in The Australian on 19 February 2024 - Swaab
The laws are not a prohibition on employers contacting employees, but they give the employee a right to refuse contact.
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Australia: Michael Byrnes is quoted in the article, Covid ruling a false dawn for anti-vaxxers, published in The Australian on 2 March 2024 - Swaab
A Queensland court ruling upheld workers' right to say no to Covid-19 vaccinations.
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Australia: Michael Byrnes is quoted in the article - "Significant Fair Work reforms will result in busy period for employment law" - published in Lawyers Weekly on 11 March 2024 - Swaab
Legal employers will argue that contact out of working hours with legal staff is reasonable and should not be refused.
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