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LIJ July 2002

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Cover Story

Email and Internet use in the workplace

The explosion of the Internet into the workplace has brought with a raft of legal issues regarding the position of employers, their ability to “listen in” and monitor email and Internet use and the competing interests of employees and expectations of privacy.

By Mark Branagan

Cover Story

Employers take note – the Racial and Religious Tolerance Act 2001 (Vic) has arrived
To take into account the changing faces in the Victorian workplace the government has enacted the Racial and Religious Tolerance Act 2001 (RRTA). The RRTA commenced on 1 January 2002, a time when the events of 11 September had not yet faded into an appalling but geographically and temporally distant memory. If ever there was a right time for legislation that aimed to outlaw racial and religious hatred, this was it.

By Bridget Akers

Cover Story


Workplace Relations - Not Just Child’s Play

By Leigh Johns

Cover Story

Labour Hire - the new industrial law frontier
Labour hire has become a permanent feature of an increasing number of Australian workplaces. Once very much on their own in what could be a hostile environment, it now appears that agency employees have better prospects of being able to access remedies for unfair or unlawful termination under the Workplace Relations Act.

By Charles Power

Cover Story

Post-employment restraints reports of their death are wildly exaggerated

There is light at the end of the tunnel for employers who wish to use restraint of trade clauses against former employees. Courts have shown a willingness to enforce such clauses in employment contracts provided they meet requirements of “reasonableness”.

By Stuart Kollmorgen and Sonia John

Cover Story

Professional sport – when discrimination lawyers take to the field
In the past year, two decisions by sporting bodies have highlighted the intersection between professional sport and the law of employment and discrimination. The first concerned the decision (later reversed) by Netball Australia on 17 June 2001 to ban pregnant players from participating in on court activities. The second concerned the decision (later reversed) by the Australian Football League (AFL) to prohibit a player, Chris Grant, from playing or training for football because of a congenital neck condition (or because the AFL could not get insurance for him).

By Leigh Johns and Janine Young

Cover Story

What chance a single industrial relations system in Australia?
Two systems of industrial regulation exist in every state except Victoria, although in practice there are also two systems there – those outside federal awards have minimum entitlements underpinned by Schedule 1A of the Workplace Relations Act 1996. The dual system causes many problems but is the Australian Parliament likely to legislate so everyone is moving in the same direction?

By Sam Eichenbaum

Cover Story

Workplace Relations Amendments - the pitfalls
New unfair dismissal laws may find solicitors in conflict between their ability to balance defending themselves with their obligation to maintain legal professional privilege.

By Mark Yorston and Frank Jones

Feature Articles

Litigation Lawyers Make Paper Work
Time and money can be saved if solicitors agree on consent orders which can then be made on the papers.

By Patrick Montgomery


Publications Department

(for LIJ (Law Institute Journal) and LIV Directory and Diary inquiries only) Tel:(61 3) 9607 9319 Fax:(61 3) 9607 9451 Email: Managing editor: Carolyn Ford. Sub-editor/publications coordinator: Mary Kerley. Journalist: Karin Derkley. Sub-editor/proofreader: Libby Brown. Art director: Katherine Alexander. Editorial & administrative assistant: Sophie Suelzle. Advertising: Lisa Crowle.


Editorial committee

Chair: Gerry Bean Members:  Tony Burke, Geoff Gronow, Melissa Macken, Chris Molnar, Cameron Ross and Carolyn Ford.


Editorial policy

All contributions and letters to the editor to be addressed to: Managing editor, Carolyn Ford, Law Institute of Victoria Ltd, GPO Box 263, Melbourne 3001. Tel: (61 3) 9607 9319. Mob: 0406 004 935. Fax: (61 3) 9607 9451. Email: Views expressed by contributors are not necessarily endorsed by the Law Institute of Victoria. No responsibility is accepted by the Institute, the editor or the printers for the accuracy of information contained in the text and advertisements.

CAB audit logoLIJ (Law Institute Journal) circulation September 2014 12,785 - CAB audited.

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