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.
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...
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...
What is a constructive dismissal? An employee has experienced 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...
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...
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...
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...
As an employer, you might think it a good idea to use CCTV cameras in the workplace to confirm your suspicions about an employee's poor performance. But you could find yourself facing unfair dismissal charges. Krav Maga Defence Institute is an organisation teaching...
A case from 2018 highlights several problems connected with dismissal of employees, and led to a costly unfair dismissal payout for employers. The case was that of Knutson v Chesson Pty Ltd. Chesson P/L trades as PayPerClick and specialises in performance-based...
On 23 January 2020, the Fair Work Commission passed down a re-determination in the matter of Angele Chandler v Bed Bath N’ Table Pty Ltd, allowing for casual employees meeting certain criteria to have access to unfair dismissal remedies. Ms Chandler was employed as a...
What are by-laws in a strata plan? By-laws are a set of registered rules that governs a strata plan. By-laws contain rules on the expected behaviour of owners and their occupants, noise, vehicles, obstruction of common property, damage to lawns and plants on common...
There are strict notice requirements for sending out an agenda and notice for an Owners Corporation special general meeting. The law and the owners corporation special general meeting? Schedule 1, Part 2 of the Strata Schemes Management Act 2015 (NSW) sets down the...
A Company Title home building is governed by its Memorandum and Articles of Association (now known as a Constitution). The better run company title home buildings also have a set of company title regulations in place commonly known as ‘House Rules’. What are House...
Flexible working arrangements have been a source of discontent in some workplaces since the introduction of the Fair Work Act in 2009. At issue have been the extension of flexibility for family reasons to fathers as well as mothers, and possible disruptions to the...
What are restraint of trade clauses? Restraint of trade clauses are often included in contracts of employment as a way for employers to protect their business interests by restricting an employee’s freedom to undertake certain activities during or after ending their...
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