Recent News

In a Bind to Get Out of a Bind – The Importance of Binding Death Benefit Nominations

There is no time like now to be reminded that you cannot leave your Superannuation death benefits to chance. Even if you make a superannuation death benefit nomination, your super fund might not pay it as you have directed. Peter McNamara has previously warned that you cannot assume that your Super will be dealt with […]

Stand Clear – Doors Are Closing on Out of Hours Conduct

Not often do we hear of out of hours conduct that allows an employer to dismiss an employee without being liable for unfair dismissal, but Sydney Trains showed when you can only last week.  The three point test in Rose v Telstra (discussed in this article about the Folau case) is that an employer can […]

STRATA LAW – Off the Plan Doesn’t Go To Plan

Retail Unit Manifestly different from Plan Many investors buy “off the plan”. It can be a good way to get in early, but what if it doesn’t all go to plan when it is built? In 2017, a buyer bought a retail unit off the plan in Eastwood, Sydney. The price was $3.080m including GST. […]

Employers Can Mandate Vaccinations. Can they require COVID-19 Vaccination? Probably!

In March, we asked whether employers can require their staff to obtain a Covid-19 vaccination.  Back then, we said:  Not Yet! Six months on, the Courts and Fair Work Commission are yet to rule on this question.  However, the Fair Work Commission has just ruled that an aged care employer can require employees to be […]

Casuals lose Annual Leave Windfall

The Government and the High Court have confirmed that casual employees cannot double dip on annual leave loadings.  Casuals are paid a casual loading of around 25%.  The casual loading is meant to cover permanent entitlements like annual leave. Until last week, the Federal Court was saying that casuals can double dip:  see Casual gets […]

Lifting the Sydney Fog – “No, you can’t work at home. I need you in here at Work”

Can you say it? When and to whom? As new and complex public health orders arrive hourly, how are employers to respond? The blurred lines between independent contractors and employees just got further shrouded by an early morning Sydney fog. There are two prongs to the public health movement orders affecting working at home. Direction […]

More B2B Compliance from 1 July 2021 – New $100,000 Threshold for Consumer Guarantee

The definition of a business consumer under the Australian Consumer Law just keeps expanding. In late 2016, small businesses became business consumers under the ACL so they could get ACL unfair contract terms relief when signing standard form contracts – see here. Now, from 1 July 2021, the consumer guarantee provisions will be extended yet […]

Can Employers Require COVID-19 Vaccination? Not Yet!

The Fair Work Ombudsman (FWO) and Safe Work Australia (SWA) are telling employers and employees that by and large: employers will be unable to require vaccination by their employees. employees will be unable to refuse to work because a colleague is unvaccinated. Peter McNamara says: “Employers should still be aware of public health orders could […]

High Income Threshold and Compensation Cap for Unfair Dismissal Applications – 1 July 2021

Employers should be alert to current worker entitlements: Unfair Dismissal High Income Threshold; Compensation Cap for Unfair Dismissal; Redundancy Tax Free Amount; Employment Termination Payments (ETP) Lower Tax Rate Cap; Superannuation Maximum Contribution Base; and Civil Penalties for Breaches of the Fair Work Act. Unfair Dismissal High Income Threshold From 1 July 2021, the High […]

Two Strikes and You’re Out – Short Term Rental Code

The NSW Government has given property investors and their neighbours a special Christmas present.  From 18 December 2020 a new Code of Conduct applies in NSW to all short term letting.  Media attention has been on the tighter rules for unruly guests with “two strikes and you’re out” rules.  However, this benefit for landlords and […]