Not every unfair dismissal case is a winner. Let’s look at a case where the Fair Work Commission found that the employee’s failure to accept settlement offers was imprudent and delinquent and consequently ordered costs against the employee. In the case of Steven Post...
The reason why the compensation payout one can receive is capped is on the basis that it can have a serious impact on the cash flow of the average Australian small to medium business. In one of our articles titled “Are you a high earner for the purpose of unfair...
An employee can be placed on modified duties if they become ill. The modified duties generally involve a temporary variation of the employee’s duties. Often, the duties are lighter and not as arduous on the employee. The purpose of modified duties is to allow the...
What is a costs order? The Fair Work Commission has the power, in certain circumstances, to order a party to pay the legal costs for the other party. The power to do this comes from the Fair Work Commission issuing a ‘costs order’. When does the Fair Work Commission...
Generally, unfair dismissal claims can be presented before the Fair Work Commission if an employee can show that the termination was harsh, unjust or unreasonable. Prior to 1 July 2018, the high earner threshold was $142,000. Now the income has increased to $175,000....
It is often difficult for a developer to unlock the value of land by using strata title. Sometimes, the terms of a development approval or other planning instrument may prevent strata subdivision. At other times, the costs associated with a strata subdivision can be...
Directors of company title buildings know that they can enforce the company title constitution and its ‘house rules’ or ‘regulations’ against problem shareholders. A well drafted constitution or set of house rules provides a company with a range of strategies to...
Employment laws in Australia and the Fair Work Act Many international companies and foreign government bodies have operations in Australia and many Australians find themselves working for Australian companies overseas. Are those employers and employees governed by the...
Australia is an exciting country for international companies to trade and invest in, but Australian employment law may differ from other countries. We have helped multinational groups from the USA, United Kingdom, European Union and Singapore to manage any employment...
Directors of company title buildings often interview purchasers who are looking to buy shares in the company. These interviews usually take place after the vendor has exchanged contracts with the purchaser, but before the sale has been completed. We are often asked...
Large fines for underpayment in small business Two businesses, a café and a retail shop owned by the same person, have been handed a $134,000 fine by the Federal Circuit Court of Australia, for the underpayment of three workers. This is a high price to pay for a small...
Many company title buildings are regulated by outdated memoranda and articles of association. A lot of companies are looking to update their memoranda and articles of association by replacing them with a modern company title constitution. Benefits of updating a...
The Fair Work Ombudsman has commenced action against Foodora in the Federal Court. The Ombudsman has argued that Foodora’s characterisation of three drivers as contractors was misconceived, as they should have properly been characterised as employees of Foodora. This...
For every job role there is a minimum rate of pay or salary which you are entitled to. Any figure under that minimum entitlement means you're underpaid at work, and you are entitled to that difference. How do I check my minimum entitlements? You can check your minimum...
An employer does not have a legal right to dismiss an employee because they have exercised a workplace right to take leave. Our law states that disciplinary procedures need to be fair and reasonable therefore, terminating an employee on leave or who is temporarily...
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