Latest publications
Germany bans employers from contacting employees outside of work hours
In Brief It has been reported that in July 2013, German born Chief Executive of Swisscom, Carsten Schloter, sadly committed suicide just weeks after providing a candid interview to the Swiss media which provided an insight into the increased pressures and stress he felt caused by modern communication systems. In one media…
$105,000 awarded for defamatory tweets
In Brief The District Court of NSW has ordered a Defendant who posted defamatory statements on Twitter and Facebook about a local school teacher, to pay $105,000 in compensatory damages .This decision, the first of its kind in Australia, sends a clear message that personal attacks using social media will not be tolerated. The Facts…
Selling a property with a pool? Dive right into compliance
In Brief Just because summer has come to an end doesn’t mean it’s time to forget about your swimming pool for the year. As at 29 April 2014 all properties listed for sale or for lease with a swimming pool (including strata properties if there is a pool in the common property) must…
Can a Change in Required Skills and Competencies Make an Existent Role Redundant?
IN BRIEF The Full Bench of the Fair Work Commission has recently concluded that where an employer wants to increase the skill level of a particular role for operational based reasons, it may do so by making the existing position redundant and replacing it with a new position that meets the businesses operational…
Strange Bedfellows — Minimising risks in Post Merger Integration
In Brief Recent studies have shown that close to 50% of post merger integrations fare poorly. While there are no hard and fast rules that will guarantee a successful merger, in this article we look at the risks involved and some of the ways to minimise those risks and ensure a greater likelihood…
What is the role of the support person in a disciplinary meeting?
Employers usually know that they have to allow an employee to have a support person accompany them whilst they are being counselled. However, what is less clear is the role of that support person in the meeting. Last week, the Full Bench handed down a decision that clarified what the role of the…
Controversial comcare case draws a line for workers’ compensation claims
In Brief In a decision which has divided legal opinion, the High Court has made a ruling as to what is meant by the expression “in the course of employment”. The High Court considered this expression in the case of Comcare v PVYW [2013] HCA 41 in the context of a workers’ compensation claim brought by…
Tenants beware — High Court confirms liquidators of landlord companies can disclaim leases
In Brief The High Court has recently confirmed that the liquidators of a landlord company are able to disclaim a lease, with the effect of terminating the leasehold interest of the tenant. The High Court decision of Willmott Growers Group Inc v Willmott Forests Ltd (Receivers and Managers Appointed) (In Liquidation) concerned an appeal to…
Consultation about changes to regular rosters and ordinary hours of work
In Brief As of 1 January 2014, changing the staff roster has become a more complex process with the introduction of amendments to the Fair Work Act 2009. A New Provision Roster flexibility can be key in ensuring business efficiency in the face of changing operational requirements, seasonal fluctuations and the occasional unforeseen circumstances…
Dispensing with awards — Can you pay employees a lump sum amount that meets your award obligations?
The challenge in business to keep up with changes and awards can be particularly problematic. Many business owners don’t have a full understanding of what awards apply to their staff and even less of an idea of what obligations those awards contain. This occurs because in reality business owners are busy…