Management rights; a line in the sand

The Fair Work Commission rightly gives considerable latitude to employers to manage their businesses without unwarranted intervention; this is referred…

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Management prerogative; a line in the sand

There are many facets of an employment relationship in which an independent umpire like the Fair Work Commission can get…

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Management prerogative explained

The general principles in relation to managerial prerogative were considered by Vice President Lawler in Construction, Forestry, Mining and Energy…

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Management prerogative explained

Transport Workers’ Union of Australia v TNT Australia Pty Ltd contains the following passage “That said, the right of the…

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Butts out; smoking banned in the workplace

Is this a test case for smoking in the workplace? A direction by an employer to ban smoking in or…

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Masterclass; managerial prerogative explained

The extent to which an employer retains management rights to manage a business without contravening its obligations (often called managerial…

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Surprise, surprise; banning police beards not unlawful

In what is one of the biggest shocks of the century (only joking) the Victorian Supreme Court has supported Victoria…

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The thin blue line; when will instructions to staff about after hours conduct be lawful and reasonable

In Michael King v Catholic Education Office Diocese of Parramatta (2014) FWCFB 219, a high school teacher was found by…

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A riddle wrapped in an enigma; management prerogative v lawful instruction

In previous posts, I have identified the doctrine of managerial or management prerogative, hopefully in a contemporary context, which seeks…

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To the manor born; what is management prerogative?

Managerial prerogatives are considered natural or intrinsic organic rights or put another way an unqualified authority which allow employers to…

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