Sham contracts (Employee v Contractor) and a recent High Court decision
The Decision The High Court of Australia recently handed down a decision with the effect that an “employer” cannot avoid the sham contracting provisions in the Fair Work Act...
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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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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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Workplace briefings for employers on “casual employees”
Is your business in a position to offset claims by its casual employees? The landscape regarding casual employees has changed dramatically in the last six months. I refer you...
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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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Working from home: What’s required from employers?
Work from home arrangements: Employers’ directions need to be lawful and reasonable Employees owe various duties to their employers. Some of these duties are express terms in documents, like...
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Uber drivers ruled not employees in Australia
Uber drivers ruled as independent contractors, not employees under Australian employment law The gig economy is going to test the long held notion of what constitutes an employment relationship....
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