Latest publications
Why your business needs a company power of attorney — Five things to know
A complete estate plan for a family in business must consider a power of attorney for all companies in the group. A power of attorney is an instrument that gives authority to another person to act on behalf of the principal. An individual power of attorney gives your attorney legal authority to manage…
The top five mistakes employers make when terminating employment: No.3 Minimum employment periods
For employers with less than 15 employees*, an employee will only be able to make a claim for unfair dismissal where they have a period of continuous service of at least 12 months. For employers with 15 employees or more*, a claim for unfair dismissal is only potentially available where an employee has…
The top five mistakes employers make when terminating employment: No.1 Giving inadequate notice
When dismissing a full-time or part-time employee — other than one being dismissed for serious misconduct – the Fair Work Act 2009 provides for a mandatory minimum period of notice to be provided (or an equivalent payment made in lieu of notice). The requirement to give notice or payment in lieu exists regardless…
The top five mistakes employers make when terminating employment: No.2 Incorrect termination pay
The rules on termination pay are extremely complex and it is no surprise that this is an area where errors often occur. Frequent areas of confusion include: is annual leave paid out on termination? (Yes); what about personal leave? (No); what about long service leave? (It depends!). For some time there was…
Workplace Relationships: The Legal Position
With recent developments in Australian politics, and the continued focus on the international #MeToo movement, a topic that is presently being widely discussed is that of workplace relationships. There is a common perception that they are now, in all cases, impermissible. A few media commentators have lamented that they met their partner at…
Long service leave and resignation because of “domestic or other pressing necessity”
IntroductionAn issue which arises from time to time is, whether long service leave is payable where an employee leaves their employment due to some pressing personal domestic circumstance. Can an employer decline to pay long service leave in this situation?An employee’s entitlement to long service leave is regulated by State…
Lack of procedural fairness doesn’t necessarily mean unfair dismissal
In articles and presentations on unfair dismissal the importance of procedural fairness is a recurring theme. This reflects sections 387 (b) and (c ) of the Fair Work Act 2009 (Cth) which stipulate that, in considering whether it is satisfied that a dismissal was harsh, unjust or unreasonable, the Fair Work Commission (FWC)…
Principal Contractors: The Rules of Engagement
The role of principal contractor is critical in managing the work health and safety risks on construction projects. Even so, misunderstandings still arise as to the application of the rules relating to the engagement of principal contractors under the Work Health & Safety Regulations 2017 (NSW) (WHS Regulations). (These rules are in…
Sexual Harassment in the Post-Weinstein Age What’s Next for Employers?
The Post-Weinstein Age The downfall of one-time Hollywood heavyweight Harvey Weinstein is increasingly looking like a seminal event, causing a paradigm shift in the way sexual harassment (and the bullying and victimisation that often accompanies such behaviour) is addressed in the community. The Weinstein allegations opened the floodgates, acting as a catalyst for numerous claims…
Family law and caveats
According to the Real Property Act, a person who claims a legal or equitable estate or interest in land (‘caveator’) can lodge a caveat against the property of another (‘owner’). This usually happens in the context of separation when one party is not registered on the title and is fearful that the other…