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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. ...

In Touch: News Code of Conduct update; ACCC flags enforcement in the electricity market; and other developments
Insight 09 Sep 2020

News Code of Conduct update: ACCC releases a draft code for comment; HealthEngine to pay $2.9 million for ACL breaches; ACCC flags enforcement in the electricity market; Next chapter of the gas inquiry; Alstom's acquisition of Bombardier Transport cleared; and more COVID cooperation. ...

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. ...

Lorna Jane antivirus activewear claims don't workout
Insight 08 Sep 2020

A recent set of infringement notices issued by the Therapeutic Goods Administration, including against clothing manufacturer Lorna Jane, highlights the importance of businesses carefully scrutinising all claims made about any health-related benefits of their products. We break down the elements of that case and its significance for advertising and marketing claims. ...

Nucleus – corporate law developments: Second tranche of draft FIRB reforms; ASIC Corporate Plan for 2020-24; High Court clarifies personal/carer's leave entitlements; and other corporate law developments
Insight 25 Sep 2020

Second tranche of draft FIRB reforms released; ASIC releases Corporate Plan for 2020-24; ASIC grants relief for escrow and non-promotional communications for IPOs and updates RG5 and RG254; High Court sides with employers and clarifies personal/carer's leave entitlements; ACCC releases ninth interim gas inquiry report; extension of temporary COVID-19 continuous disclosure and insolvency relief measures; ALRC reports on Australia's corporate criminal responsibility regime. ...

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. ...

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