‘Reinbeers’ at Christmas Parties – What can go wrong for employers when alcohol is involved?
The Christmas decorations are going up and the staff and employers alike are looking forward to kicking off the silly season with a staff Christmas party. What can possibly go wrong? Unlimited alcohol at Christmas parties is every employee’s dream, but it can also be your worst nightmare. If you haven’t managed your risks effectively, […]
Engaging a labour hire employee – the Fair Work Commission’s view on ‘outsourcing’
Engaging a labour hire employee – the Fair Work Commission’s view on ‘outsourcing’ If you offer permanent employment to a temp worker, then the worker may get unfair dismissal rights, and sooner than you would have thought. Usually, when you take on a new employee, you would expect that the employee would not have unfair […]
Preliminary discovery a new weapon for the status quo
Established companies have many legal and commercial weapons at their disposal to protect their position. The financial power of large corporations with established supply agreements can make it almost impossible for newcomers to gain a foothold. Allegations of intellectual property infringement can be levelled at any competitor, regardless of their size. Preliminary discovery is the […]
Caravan Park Operators On Notice
The Residential (Land Lease) Communities Act 2013 No 97 has just been amended to give caravan park residents more rights. New rules of conduct for caravan park operators require the operators to: act honestly, fairly and professionally, exercise reasonable skill, care and diligence, not engage in high pressure tactics, harassment or harsh or unconscionable conduct, and not disclose confidential information. […]
Natural or Legal Disaster? When a determination is not a determination and the wheels of justice are slow to turn.
Usually, an expert’s determination expressed to be binding and non-appealable is just that – final. However, the New South Wales Court of Appeal declared an expert’s determination not binding because the expert did not follow the contract. The Court remitted the determination to the expert with directions about the proper construction of the contract. Background […]
New anti-bullying policy no defence: same culture, same consequence.
A new anti-bullying policy did not stay the hand of Deputy President Wells of the Fair Work Commission (FWC), who made an order to stop bullying under section 789FC of the Fair Work Act 2009. Bullying means repeated, unreasonable behaviour towards a worker, creating a risk to health and safety (section 789FD). Ms Roberts alleged […]
High Income Threshold and Compensation Cap for Unfair Dismissal Applications – 1 July 2015
The Unfair Dismissal High Income Threshold is $136,700.00 and the maximum amount of compensation that can be awarded is $68,350.00. From 1 July 2015, the High Income Threshold increased from $133,000.00 to $136,700.00. Employees earning more than $136,700.00 cannot make unfair dismissal claims unless they are covered by a modern award or an enterprise agreement. […]
Buying a property with quality defects – what are your rights?
Imagine moving into your newly purchased property only to discover a few months later that your dream home has a devastating termite infestation. What can you do about it? It might shock potential property purchasers to know that vendors do not have a positive obligation to point out quality defects if that defect is apparent […]
Employer gets access to Employee email and iphone
The Federal Circuit Court has ordered an ex-employee of International Warehousing Distribution Pty Ltd (“International Warehousing”) to submit his personal Gmail account, iPhone and iPad for inspection by an independent specialist to determine whether he misappropriated confidential business information. In coming to this decision, the Court accepted that access to these personal electronic devices was […]
SMALL BUSINESSES WIN SUPPORT FOR UNFAIR CONTRACT PROTECTIONS
UPDATE: The information in this article has been superseded by amendments to the legislation since publication. You can find our more recent article on this subject here. States and territories across Australia have confirmed their support for legislation to extend unfair contract protections for small businesses. This support was garnered after a 10 week consultation […]