Sham contracts (Employee v Contractor) and a recent High Court decision
The Decision The High Court of Australia handed down a decision with the effect that an “employer” cannot avoid the sham contracting provisions in the Fair Work Act simply...
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If you are restructuring your business and making a position redundant
… make sure that you are aware of the consequences of doing so or you may find yourself in a situation where the dismissed employee can bring a claim...
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Building industry contract basics
Building contracts in NSW Recent experience with building contract dispute resolution has led us to the view that, despite the availability of first class contract and document management solutions,...
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What are valid reasons for a family emergency when giving employees carer’s leave?
Since 2010, the National Employment Standards (NES) have applied to all employees covered by the national workplace relations system. Regardless of any terms outlined in agreements, awards and employment...
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Commercial Leases in NSW: Common Questions & Answers
Commercial Leases in NSW: Common Questions & Answers 1. What is a commercial lease? A commercial lease refers to the lease of commercial property. This includes office space, industrial...
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What is a Heads of Agreement and are they legally binding?
This is a follow-up to our previous article – Capital Gains Tax: Timing is everything for a seller What is a Heads of Agreement? A Heads of Agreement, properly...
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Franchise Disclosure Documents: Everything You Need to Know
The franchising industry in Australia is regulated by the Franchising Code of Conduct. Part 2 of the Franchising Code contains provisions that make it mandatory for all franchisors to...
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Should I put an employee on Gardening Leave following resignation?
Is it wise to place an employee on Gardening Leave following the employee’s resignation? What is gardening leave? Gardening leave is when an employee is directed to not attend...
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Dismissing Employees on Medical Grounds: What to consider
Employers need to make sure the medical reports they rely on when dismissing employees on medical grounds will stand up to the scrutiny of the FWC The Full Bench...
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Right of termination in a contract: A $146,000 reason to use caution!
Right of termination in a contract: A $146,000 reason to use caution! When adding a right of termination to a contract, it’s important to have a lawyer draft the...
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