A recent Fair Work Commission decision has provided some clarity regarding the weight employers must afford to mitigating factors when considering whether or not an employee’s dismissal is justified. Illawarra Coal Holdings Pty Ltd T/A South 32 v Matthew Gosek [2018] FWCFB 749 involved an employee who had been working for Illawarra Coal for 11...
Every business operator needs to be on top of how the Australian Consumer Law (ACL) operates, including the regular amendments being made. Currently there is legislation before Federal Parliament which, if passed, will impact on the wording of consumer warranties, and the potential penalties imposed on companies which breach the ACL. In relation to warranties,...
While we hear many stories in the media about famous people bringing defamation suits to protect their reputations, a lot less is said about companies taking action against potentially defamatory public statements against them. The main reason for this difference is that legislation currently prevents companies which employ more than 10 people from bringing defamation...
A recent Federal Circuit Court decision found that employees must continue to comply with reasonable directions whilst taking paid personal leave. Background In Swanson v Monash Health [2018] FCCA 538 (Swanson), the Employee took personal leave due to sickness. During her absence, she provided medical certificates stating that she was unfit for work, however the...
The empirical approach Many employees in Australia are employed on a maximum-term contract; also known as an ‘outer-limit’ contract. These types of contracts state that the employee’s employment is for a maximum term, although both parties can elect to terminate the contract early (such as with an amount of notice). Traditionally, an employee whose employment...
If you’re into celebrity news, you may have read that Russell Crowe held a garage sale recently. But of course, when you’re Russell Crowe, that garage sale was held at Sotheby’s Australia and is an international auction of millions of dollars’ worth of matrimonial assets. He named the exhibition “The Art of Divorce”, and it...
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