2024’s Defining Moments in HR Employment Law

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1. WEEKLY INSIGHT

HR Vacancies on SEEK decreased by 30% from the previous year

The HR sector has observed trends in major cities like Melbourne, Sydney, and Brisbane. Sydney notably saw a 50% increase in hiring for employee and industrial relations roles, with a strong demand for salaries between $120,000 and $150,000. Senior HR roles are competitive and slow to fill, whereas demand for Talent Acquisition roles in tech has dropped. About 20% of HR professionals on LinkedIn are open to new roles, prioritising company culture, salary, and flexibility. The first quarter of 2024 experienced no job offer rejections, improving from an 11% decline rate in 2023.

2. HR/IR & LEADERSHIP

Alouani-Roby v National Rugby League Ltd [2024] FCA 12

Employment contracts for a specified period of time: The end of a fixed-term contract was not viewed as a dismissal by the employer’s initiative. Thus, the Federal Court re-defined termination of time-limited contracts under the FWA. The natural expiration of such contracts does not constitute dismissal. This overturns previous interpretations. Employers need to think carefully before deciding not to renew fixed-term contracts to avoid accidental employment terminations. Further, this decision does not prevent employees on time-limited contracts from arguing their employment was dismissed.

Ms Antoinette Lattouf v Australian Broadcasting Corporation [2024] FWC 1441 (3 June 2024)

Termination at the employers initiative: The ABC dismissed journalist & host Antoinette Lattouf, a decision upheld by the FWC. Lattouf had posted criticism of Israel on social media and was subsequently taken off the air in December, having completed only 3 out of her 5-day contract with ABC Radio Sydney. The ABC contended that her actions breached their social media policies. Rather than being formally dismissed, she was not compensated for the entire duration of the contract, which allowed the FWC to intervene. ABC clarified that Lattouf’s removal was strictly due to her violation of a directive against commenting on “controversial” topics on social media, asserting that her Lebanese heritage played no role in their decision.

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4. WEEKLY TOP READS

  1. Vendor AI Bias: Who’s Liable When Algorithms Discriminate? Mobley v. Workday: Court Holds AI Service Providers Could Be Directly Liable for Employment Discrimination Under “Agent” Theory
  2. Lawyers double-check this AI tool’s answers – LEAP Legal Software package
  3. ‘Alignment Offer’ | Automattic CEO will pay staff $30,000 to leave if they oppose his legal battle with WP Engine
  4. Fired law firm partner to fight termination

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