Articles on Employment law

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Frances McDormand used her win at the 2018 Oscars to talk about inclusion riders: clauses stars can write into their contracts to improve screen diversity. But are they legal in Australia? Paul Buck/EPA

The case for ‘inclusion riders’ in creative industries: what Australian discrimination law says about quotas

Inclusion riders can improve employment for women and minorities on film sets by calling for quotas. New research suggests this form of discrimination could be legal in Australia.
Women may need to shop around for a new doctor if the first one refuses to perform an abortion for religious reasons. from www.shutterstock.com

Women may find it tougher to get an abortion if the religious discrimination bill becomes law

Doctors who won't perform abortions on religious grounds may have stronger legal protection and may not be compelled to refer women to an alternative provider. Here's why that's bad news for women.
Uber and Lyft drivers protest their working conditions in Los Angeles in May 2019. AP Photo/Damian Dovarganes

Worker-protection laws aren’t ready for an automated future

If your job doesn't currently involve automation or artificial intelligence in some way, it likely will soon. Computer-based worker surveillance and performance analysis will come, too.
The historic joint spacewalk of two female astronauts outside the International Space Station was thwarted because the station did not have space suits that fit both women. NASA

Diversity is indispensable to excellence: The Canada Research Chairs program

Despite the hard evidence of the excellent benefits of gender, racial and other diversity on research teams, public criticism on the benefits of equity and diversity programs still exists.
Israel Folau is claiming that Rugby Australia unlawfully sacked him because of his religion. The organisation, however, contends the rugby star violated the terms of its code of conduct by discriminating against LGBTQ people. Lukas Coch/AAP

Why the Israel Folau case could set an important precedent for employment law and religious freedom

What makes Folau's case unique is that it sets up a clash between employment contract law and legal protections against discrimination on the basis of religion.
Family day care workers provide this essential service from their homes, but being classed as independent contractors means they lack many employment protections. AFIMSC

Childcare shake-up neglects family day care workers, but we can learn from garment workers’ experience

Family day care workers have much in common with home-based workers in the garment industry. But the latter are classed as employees, resulting in better representation and protected work conditions.
People gather in Montreal to demand a $15 minimum hourly wage in Quebec and across Canada. (THE CANADIAN PRESS/Graham Hughes)

Minimum wage hike ignores impact of Artificial Intelligence

The minimum wage is rising in many parts of Canada, but it masks the impact of seismic changes to the agriculture, food and retail industries brought about by new technologies.
Giving a reference is protected, in defamation law, by the common-law defence of qualified privilege. shutterstock

Can you sue someone for giving you a bad reference?

In many cases, a reference will contain negative things about its subject. This is part of a reference’s design: the referee should give a full and frank assessment.

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