Recent News

Your Honour, ‘Facebook’ and ‘Twitter’ are the Grounds for Dismissal

The age of social media provides us with the opportunity to read a news article, share a photo and connect with a friend – all with one click of a button. Unfortunately, having the world at your fingertips has also presented employees with opportunities to avoid work, and employers with new evidence of employees’ misconduct. […]

Don’t Lose Sleep Over Noisy Neighbours!

Noisy neighbours are common, especially when you live in an apartment building. However, you can, with the support of your body corporate, do something if the noise is caused by a change in flooring. This was demonstrated in the recent case of 18 Kingsford Street. The Facts 18 Kingsford Street is 5 lots in a residential building. […]

Employers generally like to get annual leave off their books

Employers generally like to get annual leave off their books.   Forced Leave:  Employers can force staff to take leave during an annual closedown (see the modern award), or if they have 8 weeks accrued and you give written notice of at least 8 weeks of when they must start the leave. Cashed Out Leave:  For some employees, you […]

Is Mr Fluffy in your Roof?

The Government will test for free if you register before 1 August 2016.  If you do not register for testing by 1 August 2016 you will not have access to Government compensation  if your property is affected by Mr Fluffy. If your house was constructed before 1980, you should register for free ceiling insulation testing. You must […]

Not too Drunk to Get the Sack

Wining and dining is an aspect of today’s workplace culture, for insurance broker Mitchell Innes a night of drinking on the company tab meant the end of his employment with Willis Australia Group Services (‘Willis’). The Story Mr Innes attended a work conference in Melbourne late October 2012, during the conference he and a number […]

Would Sir or Madam like a Contract “to go” with those Mutual Wills?

Many couples make Wills on the same terms – they choose the same executors, beneficiaries, and asset distribution.  However, there is nothing to stop one – or both – changing his or her will to dis-inherit beneficiaries that the couple had jointly understood would benefit on death.  Absent a formal contract to make mutual wills, […]

High Income Threshold and Compensation Cap for Unfair Dismissal Applications – 1 July 2016

Employers should be alert to changes to worker entitlements effective 1 July 2016:  Unfair Dismissal High Income Threshold; Compensation Cap for Unfair Dismissal; Redundancy Tax Free Amount; Employment Termination Payments (ETP) Lower Tax Rate Cap; and Superannuation Maximum Contribution Base. Unfair Dismissal High Income Threshold From 1 July 2016, the High Income Threshold will increase from […]

Protection for Small Businesses against Unfair Contract Terms from November 2016

From 12 November 2016 the unfair contracts provisions of the consumer law will be extended to cover standard form contracts involving small businesses. The Treasury Legislation Amendment (Small Business and Unfair Contract Terms) Act 2015 recognises the disparity in bargaining power between small businesses and their larger cousins and extends to them the protections currently […]

Last Minute Asset Protection: Not So Super

Even where you operate your business through a company, you can, as a director, be personally liable for claims arising out of the company’s activities. The corporate shield has long been split asunder both by judge-made law and a myriad of statutes. So, apart from taking out insurance for obvious risks (such as for personal […]

‘Chucking a Sickie’? Just Chuck it or Get Chucked!

Australia Day is right around the corner. This year the public holiday falls on a Tuesday.  So who wouldn’t be tempted to turn the celebrations into a four day long-weekend, by ‘chucking a sickie’ in the great Aussie tradition on the Monday immediately prior?  Well, think again.  You might just find yourself out of work […]