What does this mean for your workplace?

When dealing with sexual harassment in the workplace, the onus has largely been on victims to make a complaint. The process is often traumatising and many victims either decide to withdraw the complaint or not make the complaint at all. The recent incidents in our own Federal Parliament can testify to the private and public anguish it can cause.

Generally, a de facto relationship boils down to you and your partner having a relationship, living as a couple for two years but not being married. However, when a de facto relationship ends has always been somewhat unclear.

Underpayment is an ongoing and increasingly commonplace issue in Australia.

That having been said, in Australia there is a complex set of employment law legislation on a Commonwealth level, with some variance from State to State as well as over 100 employment awards. In addition to the assorted employment awards, employees may be covered by an enterprise agreement or another form of registered agreement, in which case the Awards don’t apply. However, this complex web of legislative obligations, agreements and awards can be difficult to navigate and not all instances of underpayment are intentional. Unfortunately for Australian employers, this opaqueness does not absolve them from understanding their obligations.

This is how many victims describe their existence and relationships under coercive control. A ‘strategic pattern of entrapment’ undermining self determination. Understanding coercive control is key to responding to common questions people ask about domestic violence like “why didn’t she just leave?"

Family violence is a crisis in Australia. Often, women experiencing domestic violence and coercive control are vulnerable around the time of separation and divorce. 1 in 6 women have experienced physical or sexual violence from a partner. Unfortunately, this can happen in the presence of children, with 61% of women having children in their care when this violence occurs.

Gambling, reckless spending behaviour and ill-considered business dealings, giving away assets or free rent and underselling assets are all examples of behaviour we sometimes see in family law property matter and they also are circumstances the Court has determined as wasting the family finances and are taken into account by the Court in determining Family Law proceedings.

We are living in unprecedented times. With a rise in Family Law and domestic violence cases as our out of home movements and activities become more restricted and strain on our mental and economic well-being increases, understanding the changes being made in Australia to support those most vulnerable is vital.

Did you know that up to 97% of court matters are resolved through a mediated settlement? So why not avoid the litigation process and mediate?

Whilst the health and safety of all those around us is the most important consideration during these uncertain times, many of you may also be experiencing worry over your employment status, or your responsibilities as an employer, and where you stand legally on this.

Our firm has recently experienced an increase in clients who are concerned about the concept of ‘whistleblowing’ and who have approached us for advice regarding their Public Interest Disclosure status (PID status).

So, what exactly is a Duty of Disclosure and why might it apply to me?

I have just returned from a great conference in Fiji where I was invited to speak to a group of senior doctors about wellbeing in the professions and the importance of personal presence. A conference in Fiji truly is the perfect place to reflect and reset - I’ve attended retreats like this annually as part of my own self-care as a professional and I totally value how essential it is to take time to refuel.

Employment law can seem overwhelming, particularly if you’re a new business without knowledge or experience of HR. When you’re committing to hiring staff, it’s important to be aware of your rights, their rights, and ultimately, what you need to do to ensure you, they, and the business are protected.

It’s always been difficult to obtain clarity on the boundaries between home and work – increasingly so in the 21st century when our lives are becoming increasingly public. When does behaviour that happens out of hours affect the reputation of our workplace and our ability to carry out our job? Social Media presents us with another blurry line in the work / home distinction.

The separation of parents is an emotional and confusing time not just for parents but also for children. It is important that children feel cared for and safe during this time and it is the responsibility of both parents ensure that these needs are met.

Workplace bullying is a serious issue that carries consequences for everyone involved. On top of the psychological and/or physical trauma suffered by the victims, some companies have found themselves facing heavy fine due to their incompetence or inaction.

The simple art of conversation, but is it so simple? I am passionate about communication and its ability to make our lives better. It is very sad to see how breakdown in communication leads so quickly to breakdown in relationships. Relationships in business, in workplaces and at home. I don’t think in our modern society there would be anyone who could not tell you a story about relationship breakdown and the devastating effect it has had on them or someone very close to them. Relationship breakdown is emotional, time consuming and can be costly.

“All human beings are ‘trapped’ to different degrees, by belief, emotions and behaviours, which are outside of systems of rational analysis”[1]

At a time when our legislators are proscribing mediation and meaningful negotiation, I’m frequently arriving at the same hurdle. Some lawyers don’t speak to other lawyers. And as the digital natives graduate from law school, do we face a future with lawyers who have lost the art of verbal communication? We will be unable to meet our legislative and, surely, our moral requirements to negotiate or mediate unless we are prepared to change.