Latest publications
Employment law myth No. 1: “It’s illegal to give a bad reference”
Many people believe that giving a “bad” reference is somehow against the law.In fact, there is no general obligation at law to give an employee (or former employee) any sort of reference – good or bad. Where the law might intervene (for example in an action in defamation) would possibly be if…
Employment law myth No. 2: “You need to give someone three warnings before you can dismiss them”
“Three strikes and you’re out” may have some application to the laws of baseball, but does not generally apply in the field of employment law. For employees who have a right to claim unfair dismissal*, the Fair Work Act 2009 provides that one matter the Fair Work Commission must take into account…
Employment law myth No. 3: “Oral contract? It’s not worth the paper it’s written on!”
There is no general requirement for employees to be given a written contract. That is not to say it is not strongly advisable to have one in place, not least because there will be less room to argue about the terms of the employment in the future. It is important to note…
Employment law myth No.4: “If they’ve got an ABN, they’re an independent contractor”
A frequent area of confusion in employment law is the use of independent contractors. In particular, whether someone engaged as a contractor would in reality be found to be an employee at law. The confusion is understandable – there are different tests as to when a person is an “employee” under various…
Franchisors beware: ACCC report highlights actions taken against franchisors
The ACCC has recently published its biannual “Small Business in Focus” report (“the Report”) which describes the work it has undertaken concerning small business, franchising and agriculture over the first six months of this year.[1] Part of the Report highlights the enforcement actions it has taken against franchisors for alleged…
Connectivity turbo charges growth opportunities
Australia has notched up 103 successive quarters of economic growth. It’s 26 years since we had a recession, making us a global leader in terms of growth. Growth is important for any business, and it’s the lifeblood of the property sector. There have always been two key pillars of property growth; the population itself and…
What happens when the sole director and shareholder of a company dies?
A successful business can come to a crashing halt if the sole director and shareholder dies. If there is no director or shareholder, the company may become paralysed, face cash flow problems if the deceased was the sole signatory of bank accounts, be unable to pay its employees; or, at worst…
No ring, not binding? De facto relationships and family law
When parties separate, whether they be married or in a de facto relationship, the same laws apply in relation to the division of their property. Since 1 March 2009, de facto couples and married couples have been able to apply to the Family Courts for Orders for the division of property. Here…
Are dismissals genuine redundancies when employees have rejected a pay cut?
Consider this situation. You run Company A. Your business involves supplying a service to Company B. You have been providing this service at a set price for a number of years and engage a team of employees to facilitate the delivery of the service. Due to reasons outside of your control Company B indicates that…
Court rules that the minimum lot size development standard applies to strata subdivision
Why is this decision important? Many Applicants seek to strata subdivide multi dwelling housing or dual occupancies as a component of a development application, or after construction of the residential accommodation. Some LEPs have specific provisions about strata subdivision in particular zones, however in this decision the focus was clause 4.1 of the…