Can employers stand down their employees during COVID 19 in the wake of new restrictions?
On 22 March 2020, the Prime Minister, announced new measures and restrictions to help prevent the spread of COVID-19. The Prime Ministers announcement contained stage 1 restriction which have come into place at 12:00 pm 23 March 2020 and will have effect on a wide...
COVID-19 Update – Stage 1 restrictions on trading now effective – 23 March 2020
We note that many businesses are being heavily affected by the challenging economic conditions created by the COVID-19 outbreak especially in light of the new measures implemented to protect the Australian community from the spread of COVID-19. You may have concerns...
Terminating an employee on Workers’ Compensation in NSW
Before dismissing an employee on workers’ compensation, you must follow a fair process. This case is good authority that if you do it right, you won’t be subject to compensation or a penalty.
Is smoking in apartments allowed?
The question of whether owners and tenants are allowed smoking in their apartments is a major point of dispute amongst tenants, and a contentious topic. In Australia, NSW is the only jurisdiction which addresses this issue in law. What are my options? In November...
How procedural fairness can affect an unfair dismissal case
Procedural fairness should come into play when an employee is terminated from their workplace. They should be given the opportunity to defend themselves and provide a response to an employer’s allegations before any disciplinary action is taken. Termination of an...
Coronavirus’ business impact: Standing down employees
The coronavirus means that a lot of businesses simply won’t have enough work to carry on. No one wants to close their business down. Nobody wants to create redundancies. Nobody wants an unfair dismissal claim. So what do you do? Consider standing down your employees...
Guide to managing your workplace amidst the coronavirus
If you are struggling to work out how to manage your workforce during this pandemic, then read this and then call us to develop a plan to see you through.
What should you expect from a constructive dismissal?
What is a constructive dismissal? An employee has experience constructive dismissal if they had no other choice other than to resign because of action taken by the employer. The threshold for succeeding in a constructive dismissal case is high and generally very...
Dealing with excessive sick leave and termination
Most employers are understanding and compassionate when one of their employees gets sick or suffers a significant injury. There are many stories of employers going above and beyond to support their employees. However, there are cases when an employer reasonably...
How strong are rules against pets in strata?
Living in a strata scheme requires owners and tenants to follow rules known as by-laws. These by-laws include how residents should behave and help them understand their rights, and can cover dealing with pets in strata. By-law schemes Owners Corporations can either...
Dealing with employment issues in the wake of the Coronavirus
The coronavirus (COVID-19) outbreak raises a number of questions for employers about how they can manage their workforce effectively and legally during this difficult time. What should you do if you believe an employee is at risk of infection from coronavirus? Under...
Can the NSW Civil and Administrative Tribunal award damages in strata disputes?
The NSW Civil and Administrative Tribunal (NCAT) has the jurisdiction to deal with strata disputes that fall within the Strata Schemes Management Act 2015 (NSW). This means that the NCAT can make an order to resolve a dispute in a strata scheme, including making an...