International Chamber of Commerce –Rules of Arbitration
An arbitration agreement gives parties a chance to present their contractual disputes for...
Honest and Concurrent use of a Trade Mark
A trade mark is a vital part of any business and is the...
Government Grants for Industry Innovators
The Government’s Small Business Enterprise program has been established to encourage small businesses...
The Doctrine of Innocent Infringer
In our article titled Copyright Infringing Drawings & Plans, we discussed situations where...
Be Careful of What You Post on Facebook
In the case of Seafolly v Madden [2012] FCA 1346, Leah Madden, the...
What is Serious Misconduct? What is Unfair Dismissal?
For those who are reading this article to learn more about Unfair Dismissal...
Unfair Dismissal –The Principal Purpose Test
Pursuant to the Fair Work Act 2009 (Cth) (the Act), a person is...
Summary Dismissal –What is Serious Misconduct and Breaching Company Policy
On many occasions our clients have asked whether they can dismiss an employee...
Set your privacy protections on social media otherwise you can be sacked!
In the case of Stutsel v Linfox Australia Pty Ltd [2011] FWA 8444,...
Return to Work Guarantee –Merit Based Reviews
Pursuant to s 83 of the Fair Work Act 2009 (Cth) (the Act),...
Offer to redeploy a redundant employee into another role
Pursuant to s 389 of the Fair Work Act 2009 (Cth) (the Act),...
Non Payment of Long Service Leave due to Employee’s resignation on grounds of inadequate child care
An employee is entitled to 8.67 weeks of paid long service leave when...
Misleading and Deceptive Conduct Relating to Employment
Schedule 2 of the Competition and Consumer Act 2010 (the Act) makes provisions...
Making someone redundant whilst on maternity or parental leave
An Unlawful Termination can occur where an employer terminates, or makes redundant, an...
Lookout for the Fair Work Ombudsman and the fines which can apply
Pursuant to the Fair Work Act 2009 (Cth) (the Act), Fair Work Australia...
A Reflection of Society’s Expectations for Sexual Harassment Victims
The Full Federal Court of Australia (the “Full Court”) has recently made a...
Don’t allege fraud or serious misconduct unless you have the evidence!
In the case of McKerrow v Sarina Leagues Club Incorporated T/A Sarina Leagues...
Classification of Employees pursuant to Modern Awards
The Fair Work Ombudsman has been busy prosecuting businesses and directors for the...
Failing to Acknowledge a Social Media Workplace Policy May Lead to Dismissal
In Pearson v Linfox Australia Pty Ltd[2014] FWC 446, Commissioner Gregory of the...
Am I An Independent Contractor?
In gaining work you may find yourself being labelled as an independent contractor,...
A positive obligation of redeploying a redundant employee
Employers must be mindful of its obligations under the Fair Work Act 2009...
When does Completion Actually Occur?
The definition of “completion date” has been widely litigated. Consequently, s 3B was...
What is the Building Code and When Does it Apply?
In our article titled “Fair Work Targeting the Building & Construction Industry” we...
What happens if you don’t obtain sufficient insurance?
Licenced contractors must insure their building works pursuant to s 92 of the...
