Has Your Role Been Made Redundant?
Has your role been made redundant? It pays to get advice on the calculations contained in your termination statement upon a genuine redundancy, as you may be entitled to more than you think! The laws are different in each State, but in NSW your LSL entitlements are derived from the Long Service Leave Act 1955 (NSW). […]
The Good or Not so Good, Old Office Romance
Office relationships can present a number of challenges for employers, as discovered by Mr Turnbull with his member from New England, being embroiled in such a romance. Challenges are not just faced by parties in the relationship, but extends to how the relationship impacts on the workplace environment, both while the relationship is ongoing, and […]
Game Changer For Occupational Health And Safety Management
ISO 45001:2018 OH&S management system The world’s much anticipated ISO 45001 International Standard for occupational health and safety (OH&S) has now been published and is set to transform workplace practices globally. ISO 45001:2018, OH&S management system provides a robust and effective set of processes for improving work safety in global supply chains. Designed to help […]
Termination and Medically Unfit for Work
Terminating the employment of an injured employee is notoriously fraught with legal risk. Amongst other things, the employer must establish that the employee cannot perform the inherent requirements of his or her position. This is often not straightforward, and will frequently involve different medial assessments. As we know, not all doctors see eye to eye. […]
Unfair Dismissal and Maximum Term Contracts
In the case of Khayam v Navitas English Pty Ltd, the Full Bench of the Fair Work Commission (FWC)revisited the issue of unfair dismissal in ‘Outer Limit’ employment contracts, also know as maximum term contracts. The Fair Work Act 2009 (Cth) FWA provides that a person is only dismissed, and thus capable of bringing an […]
Bargaining Under the Fair Work Act
On 6 December 2017, the High Court of Australia (HCA) gave an English lesson regarding the language and grammar used in the Fair Work Act (FWA) in the following two cases: Esso Australia Pty Ltd v Australia Workers Union (AWU); and Aldi Foods Pty Ltd v Shop Distributive & Allied Employees Association. Regarding Esso v […]
Contracts and Minors (a person under 18 years of age)
As we stated in our first article, The Basics to Contract Law, that the Common Law generally considers minors not to have the capacity to enter a contract, and any contract entered by a minor is voidable. There are a number of general exceptions to this principle which are outlined below. Contracts for Necessities A contract by […]
Fair Work Breaches and Third Party Accessories
In the recent decision in Fair Work Ombudsman v Blue Impression Pty Ltd & Ors the Fair Work Ombudsman (FWO) has named a third party an accessory to contraventions of the Fair Work Act (FWA). Blue Impression failed to pay the minimum hourly rate of pay to its employees, or provide meal breaks as required […]
Enforcing post-employment restraints
[vc_row type=”in_container” full_screen_row_position=”middle” scene_position=”center” text_color=”dark” text_align=”left” overlay_strength=”0.3″][vc_column column_padding=”no-extra-padding” column_padding_position=”all” background_color_opacity=”1″ background_hover_color_opacity=”1″ column_shadow=”none” width=”1/1″ tablet_text_alignment=”default” phone_text_alignment=”default” column_border_width=”none” column_border_style=”solid”][vc_column_text] As an employer and business owner, protecting your legitimate business interests is a concern when an employee’s employment comes to an end. One of the main ways of protecting this legitimate business interest is to have restraint clauses […]
