Do you have the right to keep a pet in your strata scheme building. Spoiler alert – YES. The Court of Appeal in NSW has it’s final say.
Landmark decision in the Court of Appeal in the Supreme Court of New South Wales – Pets in strata title
In a landmark decision published by the Court of Appeal in the Supreme Court of New South Wales today, it is finally settled that a by-law creating a blanket ban on pets in a strata scheme is invalid on the basis that such a by-law is oppressive. The decision in...
Significant damages awarded in General Protections claim
On 2 October 2020, the Federal Court of Australia in Roohizadegan v TechnologyOne Limited (No 2) [2020] FCA 1407 awarded close to $5 million in damages and penalties to the successful applicant, by relying on a mixture of breaches under the Fair Work Act 2009 (Cth), breach of contract damages, general law damages and penalties.
Hiring a CEO for your growing business
If you don’t free-up some time to think and execute on the next growth strategy, your business will stall, and maybe even falter. You’re also now failing the ‘hit-by-a-bus’ tests – your business now has an unacceptable key-man risk, and it’s YOU. The solution is to hire a replacement, but where do you start?
The importance of affording an employee procedural fairness in a summary dismissal
An interesting unfair dismissal case which shows the importance of affording an employee procedural fairness in a summary dismissal (which sometimes seems counter-intuitive). Some facts below: The applicant was a shopfitter and cabinetry maker for about 5 years. The...
Is it unfair dismissal if my employment is terminated because I refuse to accept a pay reduction?
As a result of the ongoing effects of the COVID-19 pandemic many employers have changed how they operate, including standing down staff and changing their work hours. Some have even asked their employees to take a pay cut. Is this possible?
What do you do when an employee has been on extended sick leave for a long period of time?
What do you do when an employee has been on extended sick leave? There is a clear process to follow to reach a fair outcome.
How to change rosters or ‘ordinary hours of work’ for your permanent employees
You need to take care when making changes to rosters for permanent employees. There are some processes you need to follow to avoid workplace breaches.
Enforcing Legitimate Non-Solicitation and Restraint-Of-Trade Clauses in NSW
What steps have you taken to protect your customer and client relationships? Do you have enforceable non-solicitation clauses in your employee contracts?
Are you the victim of sexual harassment, victimisation or discrimination in NSW?
More and more people are feeling empowered to express their own stories of sexual harassment, victimisation or discrimination, and seek justice through compensation avenues.
Part time employees recovering redundancy pay!
If your employment changes from full time to part time, then you may have a claim for notice, redundancy pay, and a pay-out of your leave entitlements.
Employer required to pay redundancy for part time employee
A recent decision of Broadlex Services Pty Ltd v United Workers’ Union [2020] FCA 867 in the Federal Court of Australia has affirmed that an employee who has their job title change from full time to part time without voluntary acceptance by the employee is likely be...
Get A Binding Agreement Before Withdrawing From The FWC!
If you reach a settlement with your employer about an unfair dismissal claim, make sure you get a binding deed of release/settlement in place before you withdraw your claim from the Fair Work Commission.
Deregistered Employers are Still Liable for Unfair Dismissal
Yuening Fan v Integrated Pest Management Systems confirms that an employee can make an unfair dismissal application against a deregistered company.
Increases to unfair dismissal caps and tax free genuine redundancies
It’s 30 June again, and this means increases to the various employment law dismissal and termination thresholds.
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