Latest publications
The top five mistakes employers make when terminating employment: No. 4 Unfair dismissal
A frequent mistake employers make when dealing with dismissal, is failing to afford employees “procedural fairness”. The unfair dismissal provisions in the Fair Work Act 2009 operate so that as well as an employer having to have a valid reason to terminate employment (misconduct, poor performance, etc), they must also (generally)…
Resignation from employment — can you withdraw it?
Introduction Employers will from time to time be faced with the situation where an employee hastily submits a resignation in the “heat of the moment”. Then within a day or so of submitting their resignation, they seek to withdraw it. Can the employer, simply refuse to allow the employee to withdraw the…
Facing an Investigation by the Fair Work Ombudsman — What is at stake?
It is not uncommon for employers to face investigation by the Fair Work Ombudsman (“FWO”) where for example, a disgruntled employee has complained to the FWO about a workplace issue such as a failure to pay adequate wages or to meet award requirements. Experience suggests that the reaction of employers to the FWO’s…
Outer limit/maximum term employment contracts their future after the Navitas decision
Introduction The decision of the Full Bench of the Fair Work Commission on 8 December 2017 in Saeid Khayam v Navitas English Pty Ltd t/a Navitas English [2017] FWCFB 5162 (Navitas) has narrowed the opportunity for employers to rely upon outer limit or maximum term contracts as a defence to a claim for unfair dismissal. An…
Swearing in the workplace: The legal position
The recent Full Bench decision of the Fair Work Commission (FWC) in Illawarra Coal Holdings Pty Ltd T/A South32 v Matthew Gosek [2018] FWCFB 749 (Illawarra Coal), which garnered extensive media coverage, has once again put the spotlight on the issue of swearing by employees. Swearing in the workplace is more complex…
ACCC report highlights penalties for franchisors for failing to meet disclosure obligations
The ACCC has recently published its bi-annual “Small business in focus” report (‘the Report’) for the period July to December 2017, which includes insights into the work that the ACCC undertakes to protect franchisees. The Report includes statistics about the number of reports it receives about “Franchising Code related issues”…
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…