The Fair Work Commission has ordered the reinstatement of an employee following inconsistencies in an employer's 'zero-tolerance' policy regarding drug and alcohol use. ...

A recent Federal Court decision imposed significant pecuniary penalties on a franchisor as well as its sole director and national franchising manager for unfair dealings with franchisees ...

In Donau Pty Ltd v ASC AWD Shipbuilder Pty Ltd, the New South Wales Court of Appeal considered the circumstances in which a party, which has a right to terminate a contract, might lose that right. In particular, the court considered when the right might be lost due to an election to affirm a contra ...

This case affirms the principle that the question of whether personal performance of a contract is required is one of construction of the contract, and that personal performance may be required even in circumstances where performance of the contract requires no specific personal skill. ...

In this case, the NSW Court of Appeal considered the date of the assessment of damages and whether the loss the respondents suffered was too remote. ...

Perhaps the biggest issue dealt with in the superannuation hearings is how various forms of conflicts create perverse incentives for trustees to not comply with their duties. ...

During the agricultural round of hearings, and in his Interim Report, the Commissioner asked if there should be special rules for farmers to address the particular challenges of the sector, and if so, who should bear the added cost? ...

In her summary my colleague, Michelle Levy, said her initial reaction was that the recommendations in the Final Report were modest but, on a second reading, some would set a cat among the pigeons. ...

In this case, the New South Wales Court of Appeal considered when a contract is validly terminated if the termination clause provides for termination if a remediable breach is not remedied within a set timeframe. ...

The latest issues, decisions and proposed changes impacting business and workplace risk. ...