Latest publications
Using the Olympics in marketing can be legally risky
Three years (rather than the usual four) having elapsed since the COVID-deferred 2021 Olympic Games in Tokyo, Olympic fever has again struck in Australia as our talented athletes compete in the 2024 Paris Games.A major public marketing campaign is out in force on Australian streets and screens. Run by the Australian…
Statutory Duty of Care – Part 4 Design and Building Practitioners Act 2020 – ‘…the risk of harm was foreseeable… not insignificant…not far-fetched or fanciful’
On 5 July 2024, His Honour Justice Waugh handed down his decision in The Owners – Strata Plan 80867 v Da Silva [2024] NSWDC 263.Swaab, instructing William Marshall of 7 Wentworth Selborne Chambers, acted for the Plaintiff Owners Corporation in the proceedings, which were brought against Mr Da Silva (the Builder). The Builder…
Employees Biden Their Time: How Old is Too Old?
Much media coverage has been given to whether US President Joe Biden has the physical capacity and mental acuity to campaign and secure a second term for the Democrats and then, if successful, effectively serve for the duration of that term. President Biden would be 82 years of age at the start…
Important Workplace Relations Changes Effective 1 July 2024
Employers and employees alike should be aware of important changes in the workplace relations arena, effective 1 July 2024. From that date:the high income threshold for unfair dismissal claims will increase to $175,000 per annum (from the present $167,500 per annum) and the compensation limit will be $87,500 (equivalent to 6 months of…
Time of Reckoning for Non-Compete Clauses
Background Non-Compete clauses are under attack from various quarters. Broadly speaking, non-compete clauses are a form of post-employment restraint that prohibit an employee from working for a competitor of their previous employer for a specified period in a defined geographic area. The rationale for non-compete clauses being imposed on departing employees is to protect the legitimate…
The Right to Disconnect: What is it? What does it mean for workplaces?
One of the most talked about and debated workplace reforms of recent times is the ‘right to disconnect’. This right was one of the workplace relations reforms included in the Closing Loopholes Bill No. 2 (Bill), passed by the federal parliament last week. Laws conferring a right to disconnect have been implemented…
Valentine’s Day in the Workplace (2024 Edition)
Valentine’s Day, the celebration of romance and romantic love, takes place annually on February 14. While many assiduously avoid what they consider to be a crass commercialisation of intimate relationships, others embrace with relish the opportunities it presents to either affirm or pursue romance, A few years ago extensive media coverage (usually with…
Lattouf v ABC: The Current State of Play
Background Just like the Israel Folau case, the proceedings commenced by journalist, host and author Antoinette Lattouf against the Australian Broadcasting Corporation (ABC) have garnered significant media attention and again shone the spotlight on the issues arising from the use of social media by employees. The applications and the responses filed…
Australia Day Substitution: The Legal Issues (2024 Edition)
In recent years it has been reported that some of the largest employers in Australia, including Woolworths, Telstra and Network 10, are now giving employees the option of working on Australia Day (January 26) and taking that public holiday at another time. This development has arisen from both a general trend towards…
‘Tis the Season to Avoid Folly: Workplace Christmas Parties (2023 Edition)
It’s that time of year. The ‘Silly Season’. For many organisations, the official employer Christmas party is imminent. The starting point for office Christmas parties is that they are an extension of the workplace — employers need to carefully balance holding and facilitating a fun event with maintaining a safe, respectful environment for employees. …