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Employment & Safety
In this issue we look at how post-employment restraints can be unenforceable if a company does not comply with the employment contract itself a decision of the Federal Court that confirms an employee who is on long-term sick leave must continue to have regular contact with their employer and a ...
Superannuation-guarantee amnesty, and proposed modern slavery legislation
Two important pieces of draft legislation under Federal consideration are how employers deal with historical superannuation contribution shortfalls, and the possible requirement of employers to report on modern slavery risks and practices in their workforce and supply chains. ...
Do you need a labour hire licence?
New labour hire licencing schemes have commenced in South Australia and Queensland, and will soon commence in Victoria. The schemes aim to protect labour hire workers from exploitation and to promote the integrity of the labour hire industry. ...
Australian Human Rights Commission to conduct inquiry into workplace sexual harassment
Australia's Sex Discrimination Commissioner, Kate Jenkins, announced on 20 June 2018 that the Australian Human Rights Commission would conduct the world's first national inquiry into sexual harassment in Australian workplaces. ...
The Workpac decision – are your casuals really casual?
The Full Federal Court in WorkPac Pty Ltd v Skene [2018] recently decided that a casual fly-in fly-out labour hire worker was not really a casual and was therefore entitled to annual leave. ...
Does casuals' service count for redundancy pay purposes?
A Full Bench of the Fair Work Commission has again considered the issue of whether prior service as a casual or seasonal worker counts as service when calculating redundancy pay, and found that such prior service need not be recognised. ...
Court enforces four-year restraint
A court has enforced a four-year restraint of trade clause in a business sale contract, preventing a part-time employee from taking up employment with a competitor after selling his stake in the business. ...
Managing shareholder activism - who is in the driver's seat?
The recent New South Wales Supreme Court decision of Molopo Energy Limited v Keybridge Capital Limited reflects the continuing growth of shareholder activism in the Australian corporate landscape The case is a reminder that boards need to remain aware of developing activist strategies particularly ...
Finality: an important objective of class actions
The recent Great Southern class action settlement included a term by which group members acknowledged and admitted that loans taken out with independent financiers to finance investments in Great Southern managed investment schemes were valid and enforceable Two separate Victorian Supreme Court ...
Supreme Court decision limits the scope of landholder duty in Queensland
The Queensland Supreme Court has held that mining leases did not constitute an interest in land for the purposes of the former land rich duty regime While subsequent amendments to the Duties Act 2001 Qld mean that mining tenements are now treated as an interest in land the decision provides much ...