1619 results
An Employee’s Commute Thwarts an Employer Commuting Redundancy Pay
In the recent Fair Work Commission (FWC) decision in Australian Footwear T/A Diana Ferrari [2018] FWC 7864 the employer, a business trading under the name Diana Ferrari, applied to the FWC to vary the redundancy amount payable to an employee, Ms Tzortzis, whose employment was terminated on the basis of redundancy…
Swaab Connect | January 2019
In our first newsletter for 2019 we share useful links for those going through separation, and a radio interview Michael Byrnes conducted with 2GB and 4BC discussing legal issues arising from the underpayment of staff. Sean Greenwood answers he question, ‘when two contracts exist, which one is binging?’ in his article…
Commissioner of Taxation v Tomaras: High Court rules that tax debts can be transferred between spouse parties
Generally, debts of parties to a marriage (or de facto relationship) which were incurred during the marriage, are paid out of joint assets as part of a final property settlement. It is not uncommon for parties to pay out any debts owing to the Australian Tax Office, as part of this process. However…
Using the Anti-Bullying Jurisdiction of the Fair Work Commission for Sexual Harassment Matters
The Limitations of the AHRC Sexual Harassment Jurisdiction Commentators (both lay and expert) have recently lamented that the Fair Work Commission (FWC) does not have a specific jurisdiction to expeditiously deal with sexual harassment complaints. Instead, the usual approach in sexual harassment matters (in the federal jurisdiction) is to lodge a complaint with…
Developing a shared understanding of sexual harassment
Sexual harassment in Australian workplaces impacts one in five workers each year and remains predominantly unreported. There are many reasons why this systemic issue remains unaddressed including legal, cultural and social factors. At the core of this problem is the fact that many Australians do not completely understand what sexual…
Podcast | How do courts balance religious beliefs against the best interests of a child?
Family Law legislation dictates that a court’s paramount consideration should be the best interests of a child, and there are numerous factors that a court will take into account in making such determinations. But, in parenting disputes, what happens if the parents cannot agree on the religious upbringing of a child? Can a court determine…
Monique Robb in AccountantsDaily discussing tax debts in divorce proceedings
Speaking to Accountants Daily, Swaab senior associate, Monique Robb said the case was a departure from the norm but believes it remains a difficult case to argue. “The controversy in this case arises because the ATO took the view that the Crown was not bound by the Family Law Act, i.e. the court…
2019 a year of opportunities and growth
Whilst increased competition, disruption and consolidation continue to play out throughout the legal sector, our position in the market place of serving entrepreneurs, businesses, innovators, families offices, families and government remains in growing demand. Highlights included helping a global client with their national business model roll-out, working with a number of property…
Wellness is core to our philosophy
Our philosophy is that we employ the “whole person” not just the lawyer, the support person or the manager. Our staff are people first and foremost. The days of expecting people to leave their personal lives at the door are gone. It is inappropriate to expect people to take phone…
Valentine’s Day in the Workplace
Valentine’s Day, the celebration of romance and romantic love, takes place annually on February 14. While many assiduously avoid what they consider to be a crass commercialisation of intimate relationships, others embrace with relish the opportunities it presents to either affirm or pursue romance. There has been some recent media coverage (usually with…
An employment and family law guide to family and domestic violence in the workplace
Introduction In 2018 Family and Domestic Violence Leave was introduced to the Fair Work Act 2009 (Cth) (Fair Work Act) and as a model term in modern awards. This initiative came after a strong campaign from trade unions and community groups. However, family and domestic violence is a topic that many employers do…
Swaab Connect | February 2019
A message from Managing Partner, Mary Digiglio leads our February edition of Swaab Connect as she talks about a year of opportunities and growth for 2019. In this issue, we welcome David Perkins to our Corporate team and also share a podcast featuring Senior Associate, Monique Robb in which she discusses how…
Murder and inheritance – the $40 bottle of wine story
Everybody knows the basic rule – a person must not kill another. When it comes to dealing with the estates of victims of an unlawful killing, that rule becomes – a person shall not kill and inherit. In this article, we explore the application of the forfeiture rule to inheritance from a deceased…
Michael Byrnes appears on The Keep podcast
In this episode Michael covers: The culture changes that must be implemented within businessesThe social impact of the #Metoo movementWhy implementing training is important?The impact of power structures within the workplace- What is it and how does it work?Creating the right processes to follow when complaints are made and to follow through.Encouraging people to come forward…
International Women’s Day 2019: Reflections by the (female) lawyers of Swaab
Gender, pay and job insecurity Nicole Cini, Associate The gender pay gap for full time workers in Australia is currently 14.1%, but this number does not tell the entire story. Women comprise approximately 47% of employees in Australia, account for 68% of primary carers for older people and people with a disability and…