NO SATISFACTION FOR QUEENSLAND CLUB OWNERS
The issue of whether a worker is an employee or independent contractor is relevant for many business risks. These include the risk of employee-type claims for unfair dismissal or award wages, of the obligation to remit PAYG withholding tax amounts to the ATO, and of claims by revenue collectors in the states and territories for […]
If It Quacks Like a Duck, It’s Probably Ms Duck
Sham Contracting Update – Class Actions A new class of class actions is hitting the Australian courts and creating headaches for putative employers. The Federal Court has four class actions now where employee entitlements are being claimed for contracted workers using the sham contracting and general protections provisions of the Fair Work Act. It was […]
Employees Steal the Business – But Employers get it back
Poaching staff from competitors is not uncommon, but can be risky. Employers must be sure that new employees are not acting in breach of obligations to their former employers. In a recent High Court case, the new employer was ordered to disgorge the whole of its business, taken from the old employer, and to pay […]
Casual gets Annual Leave
Casuals can get permanent entitlements. In a recent case an employer was ordered to pay annual leave for a casual employee. If the worker looks permanent, the worker probably is. If you have casual employees, you may be at risk – read on: The Federal Court has ordered that a casual employee be paid annual […]
New Obligations: Mandatory Data Breach Notification Laws
Just when you thought discovering a data breach within your organisation was already a headache – such as a lost company computer or an employee disclosing unauthorised information – from 22 February 2018 this could become a migraine as you are now obliged to notify the Office of the Australian Information Commissioner (OAIC) and any […]
Case Note: Patterson v Humfrey [2014] WASC 446
In this interesting case an oppressor shareholder was ordered to buy out the oppressed shareholder. Equal shareholders were deadlocked. One Shareholder, the plaintiff, asked the court that the other be required to sell its interest or buy the plaintiff’s interest. The defendant had the daily management of the company. The court found oppression and ordered […]
Monstered by Wayward Director – Oppressive Conduct sees Deadlocking Director forced to Sell at Fair Value
Munstermann v Rayward; Rayward v Munstermann [2017] NSWSC 133 In this case, the Supreme Court of NSW exercised its broad powers to make any orders it considers appropriate where a shareholder suffers oppressive and unfairly prejudicial conduct. The Court ordered that Mr Rayward, a director that caused a deadlock, should sell his shares to the […]
Resolving Shareholder Deadlocks: oppressive and unfairly prejudicial conduct
Deadlocks commonly arise in companies with equal shareholders who are also directors. An aggrieved shareholder can ask the Supreme Court to resolve the deadlock if the shareholder suffers oppressive and unfairly prejudicial conduct. When can the Court Intervene? The Court may intervene if: The conduct of a company’s affairs; or An actual or proposed act […]
Uber Drivers: Independent Contractors or Employees?
The Fair Work Commission recently held that an Uber Driver was an independent contractor and not an employee for the purposes of an unfair dismissal claim. This decision will affect all those involved in the emerging “gig economy”, where workers engage in job for-hire tasks through forums such as apps. Kaseris v Rasier Pacific […]
Christmas Party Survival Guide for Employers: how to plan effectively and reduce vicarious liability
With the silly season among us and the celebrations commencing in full force, employers must not lose sight of their responsibilities to their employees and potential risks that can arise with end of year festivities. Before the party A few simple steps can be taken before your party that will automatically reduce the likelihood of […]