Workplace - Wotton Kearney

Case Alerts

Assessing underpayment risk for salaried employees: Is your business compliant?

By: Laura Gavan and Kirsty Easdale Fair Work Ombudsman v Woolworths Group Limited; Fair Work Ombudsman v Coles Supermarkets Australia Pty Ltd; Baker v Woolworths Group Limited; Pabalan v Coles Supermarkets Australia Pty Ltd [2025] FCA 1092 The Federal Court of Australia has delivered a significant decision in Fair Work Ombudsman v Woolworths Group Limited; […]

By : Joshua Weiler Oct 24, 2025 Comments Off

Articles

Vacant roles not required: High Court shifts test on redundancy obligations

By: Laura Gavan and Kirsty Easdale Helensburgh Coal Pty Ltd v Bartley [2025] HCA 29 The High Court of Australia has recently clarified the scope of an employer’s redeployment obligations where an employer seeks to defend an alleged unfair dismissal on the basis of genuine redundancy. In Helensburgh Coal Pty Ltd v Bartley [2025] HCA […]

By : Joshua Weiler Aug 28, 2025 Comments Off

Articles

Upward damages trend continues in sexual harassment case

By: Laura Gavan, Caitilin Watson and Ashi Muraleetharan Magar v Khan [2025] FCA 874 On 1 August 2025, the Federal Court of Australia (FCA) handed down judgment in Magar v Khan [2025] FCA 874, awarding the claimant $305,000. This amount comprised general, aggravated, and compensatory damages, including compensatory damages for past and future economic loss. […]

By : Joshua Weiler Aug 12, 2025 Comments Off

Thought Leadership

Future Proof ‘25: Insurance and risk insights across Asia-Pacific

The future of insurance and risk in Asia-Pacific is here, and rapidly evolving. Are you ready? In a world marked by rapid technological advancement, innovation, evolving regulatory demands and increasing complexity across multiple risk sectors, Future Proof ’25 examines the diverse forces reshaping insurance and business landscapes. This report highlights emerging trends and critical challenges […]

By : Joshua Weiler May 22, 2025 Comments Off

Articles

Proposed ban on non-compete clauses: What employers and insurers need to know

By: Sian Gilbert and Charli Kearney At a glance The Albanese Government plans to ban non-compete clauses for employees earning under $175,000, with changes expected to take effect in 2027. Businesses will need to consider stronger confidentiality and non-solicitation clauses, and tailor restraints for senior or high-risk roles. The change may reduce some litigation but […]

By : Joshua Weiler Apr 16, 2025 Comments Off

Articles

Victoria Sentencing Advisory Council recommends a 400% increase in maximum penalties for breaching health and safety duties

By: Chris Spain, Laura Gavan and Petra Kolovos At a glance The Occupational Health and Safety Act 2004 (Victoria) (OH&S Act) is the primary workplace health and safety law governing Victorian workplaces. Importantly, it sets out the health and safety duties that employers owe to their employees, contractors, visitors and the public at large. On […]

By : Joshua Weiler Feb 28, 2025 Comments Off

Articles, Thought Leadership

2025 Workplace & Safety Guide: Navigating employment, industrial relations, and safety law

With evolving legislation and shifting workplace norms, keeping up with employer obligations and employee rights has never been more important. That’s why we’ve released our 2025 Workplace & Safety Guide — a comprehensive resource designed to help businesses and HR professionals navigate the complexities of employment, industrial relations, and safety law. Packed with practical strategies […]

By : Joshua Weiler Jan 30, 2025 Comments Off

WK News

Wotton Kearney expands its property, construction, and employment practices in Christchurch with new appointments

Wotton Kearney is pleased to announce the appointments of Sam Hider, senior associate, and Ramses Hunt, associate, both based in our Christchurch | Ōtautahi office. This exciting development will help to strengthen our property, construction, and employment practices and to better service the growing needs of our clients in the South Island. Sam Hider, Senior […]

By : Joshua Weiler Dec 4, 2024 Comments Off

Thought Leadership, Video

Trend Watch: Employment law class actions – what do employers need to know?

Employment law class actions have been on the rise in the last few years, particularly around underpayment and the failure to provide entitlements. In the fourth instalment of our Trend Watch video series, Head of Class Actions Amanda Beattie and Workplace + Safety partner Laura Gavan discuss growing trends for employers, impacts of new ‘Closing […]

By : Joshua Weiler Oct 24, 2024 Comments Off

Articles

Parental leave – an outline of entitlements and obligations

By: Sian Gilbert, Grace Gunn, Dexter Cabal and Ellie Jongma At a glance Employees entitled to parental leave under the Fair Work Act 2009 (Cth) (FW Act) may take up to 110 days of their 12-month unpaid leave entitlement in a flexible manner in the 24 months following the birth (or adoption) of their child […]

By : Joshua Weiler Oct 15, 2024 Comments Off

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