Latest publications
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…
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…