Latest publications
Dismissing Senior Employees – The Pitfalls to Avoid – Part 2
In the second and final part of this article we examine the legal claims senior executives can bring on termination of employment – and how employers can safeguard against them. Read ‘Dismissing Senior Employees — The Pitfalls to Avoid — Part 1’ here. Unfair dismissal For an employee who is…
Dismissing Senior Employees – The Pitfalls to Avoid – Part 1
Whilst the termination of any level of employee contains a degree of legal risk, the position in respect of senior employees can be especially perilous. Firstly, the costs of getting it wrong are generally greater (because an award of damages is likely to be calculated – at least in part – by…
Resigning from your employment — can you withdraw your resignation? — Latest developments
In recent times there has been a string of decisions from the Fair Work Commission directed to whether and in what circumstances, an employee can assert that a resignation given in the heat of the moment which is withdrawn, may not be relied upon by their employer. To those following the titanic struggle…
Alcohol and Family Law
Last year, I wrote an article on cannabis use and its potential impact on parenting matters. I have recently considered some recent cases where alcohol was raised as an issue in parenting proceedings and comment as follows (please note that the whole case should be read for a proper consideration of the other…
The “Weinstein Clause”: What is it? Could it be coming to Australia?
What is the “Weinstein Clause”? The disturbing revelations about Harvey Weinstein and other entertainment luminaries have put sexual harassment firmly on the agenda, emboldening victims to come forward to share experiences and pursue claims, leading to the rise of the #MeToo and #TimesUp movements internationally, and #NowAustralia locally. The latest consequence of…
Do you have to pay an employee where their own conduct has prevented them from performing their job?
An employer might be forgiven for thinking that where an employee’s conduct has rendered them unable to perform their role, then there is no obligation to pay them wages for the relevant period of downtime. However, this question is one which is now the subject of a Full Bench decision of…
Dismissing employees on grounds of incapacity where the employer is alleged to have caused the incapacity
One of the most challenging issues employers face is dealing with employees who are not well enough to perform their duties. There sometimes comes a point where – when faced with an employee who has been on an extended period of sick leave — the employer considers the possibility of terminating the employment…
Right to terminate contracts for insolvency
“Ipso facto” clauses are clauses which allow a party to terminate a contract if the other party suffers an insolvency event. These provisions are enforceable even if the insolvent party has otherwise continued to perform its obligations under the contract. Some important reforms came into force on 1 July 2018 which restrict the operation…
Establishment fees in private financing transactions
As the banks have tightened their lending criteria, we have been working with a number of private financiers who have increased their activity to satisfy the demand for debt finance in the SME market. Most lenders charge borrowers an establishment fee to help recover the costs of establishing a loan facility. The…
Everyone lies in their job applications… so can I fire them?
There is a common perception that most people lie in their résumés and job applications. Whether it be the exaggerating the seniority of a role, extending the length of time you actually worked in a particular position or describing a particular epoch as “time spent travelling” to avoid disclosing a short but ill-fated period of…