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Full Bench confirms breach of critical safety procedure justified dismissal
Insight 22 Sep 2020

The Full Bench of the Fair Work Commission (FWCFB) has confirmed that a breach of a critical safety procedure can be grounds for dismissal, even where there is no actual risk of injury to any person as a result of the breach. ...

Social media – reinstated after pressing send to the wrong group
Insight 22 Sep 2020

The Fair Work Commission has ordered the reinstatement of an employee who was terminated for sending racist messages to a work WhatsApp group, on the grounds that his dismissal was unfair. ...

Insolvency reforms to support small business
Insight 24 Sep 2020

The Commonwealth government announced a package of reforms directed at streamlining insolvency processes for small business. Our analysis on the issue from our insolvency and restructuring experts. ...

Private parties in the UN – a new remedy ecosystem for alleged human rights and environmental impacts
Insight 15 Sep 2020

Recent complaints show how NGOs and civil society groups are using UN-level human rights grievance mechanisms as a growing part of their toolkit to influence corporate behaviour and seek remedy for allegedly affected parties. ...

Retail Leases Amendment Act 2019 (Vic): changes to landlord and tenant rights and obligations
Insight 21 Sep 2020

We examine the key amendments introduced by the Retail Leases Amendment Bill 2019 (Vic); and outline steps that both landlords and tenants should take in response. ...

Franchisors – take notice!
Insight 22 Sep 2020

The Federal Court has recently confirmed the ability of the Fair Work Ombudsman to require employers to hand over documents created before vulnerable worker legislation came into force. ...

Standing down employees during COVID-19?
Insight 22 Sep 2020

Recent decisions of the Fair Work Commission (FWC) provide valuable insights for employers considering standing down their employees to ensure the ongoing viability of their business during COVID-19. This Insight considers cases arising out of decisions by employers to reduce their employees' working hours to zero. ...

National Electricity and Gas rules update: August 2020
Insight 15 Sep 2020

In our latest update, we examine the progress of new and existing rule change requests to the AEMC across the month of August, as well as take a closer look at the ESB's Interim Reliability Measure. ...

Superannuation trustees and 'efficiently, honestly and fairly'
Insight 23 Sep 2020

The Federal Court has made declarations that two superannuation fund trustees contravened ss912A(1)(a) (efficient, honest and fair obligation) and 1041H (misleading or deceptive conduct) of the Corporations Act, and s12DA (misleading or deceptive conduct) of the ASIC Act. ...

ASIC issues hardship withdrawal relief to responsible entities
Insight 15 Sep 2020

In response to the COVID-19 pandemic, ASIC has provided relief reminiscent of the GFC to allow hardship withdrawals from frozen funds.  The COVID-19 version of hardship-relief goes further than its GFC predecessor in many respects. We provide an overview of the issue. ...

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