1619 results
Five employment law cases that shook the world: #2 Annual leave loading is payable on termination
As part of a series of articles we are examining five employment law cases that shook the world (or at least members of the Australian HR community). There was a time when there was some uncertainty as to whether an employee who was entitled to paid annual leave loading, was also entitled to…
Five employment law cases that shook the world: No #3 Annual leave and workers comp accruals
As part of a series of articles we are examining five employment law cases that shook the world (or at least members of the Australian HR community). Section 130 of the Fair Work Act 2009 (“restriction on taking or accruing leave or absence while receiving workers’ compensation”) includes the following: “(1) An employee…
Five employment law cases that shook the world: #5 — Service as a casual counts for redundancy pay
As part of a series of articles we are examining five employment law cases that shook the world (or at least members of the Australian HR community). Casual employees are entitled to a loading (or uplift) on the minimum wages paid to permanent employees (usually 25%). It is well understood that the higher…
“Your employee offended me. What are you going to do about it?”: Employee Social Media Conduct
A Complaint is Made It’s hardly a starting or novel observation that social media platforms like Twitter and Facebook are not always exemplars of courteous, respectful discussion and debate. Exchanges can often descend into insults and crude ad hominem attacks. On occasion these exchanges will end with one of the parties threatening…
My bags are packed, I’m ready to go. Should I stay or can I go?
In Brief Often separated parents find themselves in a situation where one of them wants to move to another city, state or even country after they separate. This is what’s called relocation in family law. Parents often enter into parenting orders after they separate. All is going well for a time and then…
Marriage, divorce and separation — when should you change your will?
In Brief Marriage, divorce and separation are all events which require you to change your Will. Marriage If you marry it is imperative that you make a new Will. If you marry after you have made a Will, the Will is automatically revoked (or cancelled). The only exception to this rule is if the…
If you’ve signed a prenuptial agreement and no longer agree to its terms, what can you do?
In brief — Your rights are limited If you have previously signed a prenuptial or postnuptial agreement and no longer agree to its terms, your rights are very limited. Binding Financial Agreements Pre or postnuptial agreements are known as Binding Financial Agreements. Binding Financial Agreements allow parties to contract out of the Family Law…
If circumstances change, so can Parenting Orders
In brief: It may come as a relief to some that Parenting Orders made by the court are not always set in stone. If your circumstances change, so too can the orders. And there are a number of reasons why you might wish to change Parenting Orders after they have been made by the Court. …
I’m late complying with Family Court Orders, no one will mind
Not necessarily. In a recent Family Law case the husband found out the hard way that he should not have delayed complying with Court Orders for his property settlement. The case of Blackwell & Scott [2017] FAMCAFC 77 involved a couple who at the end of their 10 year de facto relationship agreed to a property…
It’s mine, I got it after we broke up
In family law disputes it is a common misconception that an inheritance or other large sum received after separation will be excluded from the property pool to be divided between the parties. This issue was dealt with in the recent case of Calvin & McTier [2017] FAMCAFC 125. The Full Court of the…
My bags are packed, I’m ready to go. Should I stay or can I go?
In Brief Often separated parents find themselves in a situation where one of them wants to move to another city, state or even country after they separate. This is what’s called relocation in family law. Parents often enter into parenting orders after they separate. All is going well for a time and then…
Astroturfing, social media and the law
In brief — If astroturfing misleads consumers, it breaches Australian Consumer Law “Astroturfing” refers to an orchestrated expression of support for a cause, whether a product, service or policy, designed to give the impression of a “grassroots” movement. If this practice misleads consumers, it breaches both the Australian Consumer Law and the Code…
I’m sexy, but not that sexy — .xxx domain names
From 6 December 2011 any individual, company or organisation is permitted to apply for a new .XXX (or triple X) domain name. Now that the sunrise period has ended, eligibility will be determined on a first come, first served basis. .XXX domain names were approved by the International Corporation for Assigned Names and Numbers…
If you’ve signed a prenuptial agreement and no longer agree to its terms, what can you do?
In brief — Your rights are limited If you have previously signed a prenuptial or postnuptial agreement and no longer agree to its terms, your rights are very limited. Binding Financial Agreements Pre or postnuptial agreements are known as Binding Financial Agreements. Binding Financial Agreements allow parties to contract out of the Family Law…
Cash-flow problems no excuse for underpayment of workers, magistrate rules
In these difficult economic times it is common for small businesses to experience liquidity and cash-flow problems. Under these situations it is natural for a small business to concentrate on paying those people that keep the business afloat. However, it is important that a business does not disregard its obligations as an employer…