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Can you extend probation?
In brief Probation periods are important to employers. The probation period allows employers to gauge an employee’s competence and character, before it gets tricky terminating them. There is, however, confusion around this status. As an employment lawyer, I am often asked whether an employer is able to extend the probation period…
New law gives a much needed boost to Employee Share Schemes
What is an ESS? An employee share scheme (ESS) is a scheme under which shares or rights to acquire shares (options) in a company are provided to an employee or their associates. Why have an ESS? An ESS is a way of attracting, retaining and motivating staff because they align employees’ interests with shareholders’ interests. Employees…
Are your brands at risk?
In brief The value of your brands Sometimes, the truth hurts. Never is that more true than with a company’s brand – despite being loyal to it for years, you might come home one day and find your brand in bed with another firm, and soon realise it was never yours to…
Can you record your will on a DVD?
In brief The Early Romans had a curious way of making their wills. A Roman would walk into a public space and declare his or her testamentary intention by spoken word in front of at least seven witnesses. Over time the Romans recognised the risk of leaving the wishes of the deceased to…
Redundancy — can an employer avoid payouts by getting their employees another job?
The Fair Work Act (the Act) contains a provision (s 120) which says that if an employer “obtains other acceptable employment” for an employee it is making redundant, it may get redundancy payments reduced. In particular, on application to the Fair Work Commission it may obtain an order reducing the redundancy…
Redundancy — when don’t you have to pay it?
In brief There is increasingly an expectation amongst employees that they will be paid a lump sum – over and above pay in lieu of notice and any leave entitlements – when their role in the company has been terminated (other than for issues of misconduct). In the past, this right was…
Socially responsible business: Let ethics drive you to new success
In brief You should be driven to success by your industry, business skills, creativity and ethics, and not conflicted by them. You can still run a profitable business and benefit society at the same time. Euge Power, solicitor at Swaab Attorneys, sets out some of the ways that a business can be…
Am I liable for misleading information supplied by someone else?
In brief The Australian Consumer Law prohibits misleading or deceptive conduct and false or misleading representations. But can you escape liability if you merely pass on misleading information provided by someone else? The conduit principle Generally, an intermediary that innocently passes on misinformation may not be held liable for misleading or deceptive…
Ashley who? — The Ashley Madison leak and the potential impact on families
In brief If you aren’t on the Ashley Madison database, at first blush the leak may seem exciting and an opportunity to see what’s been going on in other people’s lives, even better still if it’s people you know. But for those on the database its potential impact is far…
Can you sack a worker by text message?
In brief Hutchison Ports’ recent dismissal of nearly 100 of its employees by a midnight text message has made headlines around Australia. It has also sparked outrage and huge protests amongst its workforce. This article looks at some of the issues arising from this communication style when it comes to terminating employment. The…