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Covid Terminations

The Fair Work Commission has taken into consideration the current work environment of COVID-19 in determining whether a dismissal was unfair. A Sales Executive was dismissed in April this year for allegedly failing to provide weekly sales reports, customer complaints, poor attitude and “demonstrated lack of respect” for management. The FWC found that a number [...]

By | December 9th, 2020|Employment Law, Topical Issues|0 Comments

Anti-Vaxxers and Mandatory Flu Vaccinations

In rejecting an application for an extension of time to lodge an unfair dismissal claim, Deputy President Asbury of the Fair Work Commission found it arguable that a childcare employer’s policy requiring mandatory flu vaccinations was lawful and reasonable in the context of its operations which principally involve the care of children, including children who [...]

By | December 9th, 2020|Employment Law, Topical Issues|0 Comments

High Court to Clarify Casual Employment Entitlements

On 26 November 2020, the High Court granted special leave to appeal the WorkPac v Rossato decision. It has been said the appeal will be one of the most important employment law decisions that the High Court has had to consider. The Rossato decision held that casual employees who worked regular and predictable shifts were [...]

By | December 9th, 2020|Employment Law, Topical Issues|0 Comments

Government to extend temporary insolvency and bankruptcy protections

With businesses around Australia compelled to meet extraordinary challenges throughout the Coronavirus epidemic, the Government has taken the decision to extend the temporary insolvency and bankruptcy protections until 31 December 2020. The original scheme was clearly designed to make it harder for any creditor to force a business into insolvency in response to a statutory [...]

By | September 11th, 2020|Business Law, Topical Issues|0 Comments

Employer fined $240K for non-payment of statutory entitlements

In a recent case before the Federal Circuit Court, a judge has set penalties of $240,000.00 against a company and its director, for failing to pay a worker’s full wages, public holiday rates and an amount in lieu of untaken annual leave or superannuation. It was found the company also failed to issue the worker [...]

By | March 19th, 2020|Employment Law, Topical Issues|0 Comments

Coronavirus and Employers’ Obligations

The outbreak of COVID-19 has given rise to issues that every employer must address, including employee entitlements and health and safety obligations. Some of the key issues are addressed below. Employers can direct employees who are sick with the coronavirus not to come to work and to get medical clearance from a doctor before returning [...]

By | March 19th, 2020|Employment Law, Topical Issues|0 Comments

As a Not for Profit or School – Do We or Don’t We opt in?

The National Redress Scheme for Institutional Child Sexual Abuse Act 2018 (Cth) (Act) became law on 1 July 2018. It establishes a system of redress for survivors of past institutional child sexual abuse and applies now to all States and Territories. The Scheme is designed to provide a simple and streamlined alternative to taking civil [...]

Are Binding Financial Agreements Really Legally Binding?

While Binding Financial Agreements (BFA’s) are a popular way of providing certainty in the financial outcomes for people married or in de-facto relationships, they are notoriously technical and highly litigated, so this article examines whether you can be confident whether a BFA is applicable to your situation. […]

By | November 17th, 2016|Family Law, Topical Issues|0 Comments

Vital Considerations when Employing a Senior Executive

At some point you will want to employ a senior person who can bring significant skills to the table. You might be concerned that your usual employment agreement will not be sufficient, and you are probably right. […]

By | November 18th, 2015|Topical Issues|0 Comments

What Authority Does the Board Really Delegate?

Whilst recently travelling through the Champagne region in France, I was struck by the magnitude and success of just one of those businesses with the extraordinary story of Madame Pommery in the mid 1800’s who took over a fledgling champagne business after her husband (who founded it) died.   Madame Pommery as the sole owner, went on to build a vast empire exporting her Pommery champagne all over the world. […]

By | November 16th, 2015|Topical Issues|0 Comments