Genuine redundancy: your guide to consulting with employees
The Fair Work Commission has recently looked at the extent of an employer’s consultation obligations in order for a dismissal to be 
considered a case of genuine redundancy.
Section 398 of the Fair Work Act 2009 states that an employer must comply with any obligations to consult with employees set out in an award or enterprise agreement, for a dismissal to be considered a case of genuine redundancy.
A common provision of modern awards is that employers must notify employees where a definite decision has been made to introduce major changes that will have significant effects on employees, such as termination and restructuring of jobs. Read the rest of this entry »
Assignment of contracts – pre-existing knowledge
Where contractual rights are assigned; can the recipient’s pre-existing knowledge invalidate those rights?
In Walker Group Constructions Pty Limited v Tzaneros Investments Pty Limited [2017] NSWCA 27 just such an issue arose.
The case is both factually and legally complex but the relevant parts can be summarised as follows. Walker constructed some concrete pavements at the Port Botany Container Terminal. The construction contract included warranties to make good any defects in the construction. At the time of the construction, the relevant land was leased by P&O. The lease was later transferred to Tzaneros as was the benefit of the warranties to Tzaneros.
Read the rest of this entry »
Open plan shopfronts – are you breaching your privacy obligations?
Open plan shopfronts are fast becoming the way of the future. Many banks, telco companies and insurance companies are already moving to a more open plan style of shopfront.
While this may be inviting to customers, it could mean you are risking a breach of your obligations under the Australian Privacy Principles.
Elder abuse – wills and suspicious circumstances
Helping elderly parents write a new Will can create difficulties, particularly if there are disputes in the family.
In a recent case of Estate Stojic, Deceased [2017] NSWSC 168, Mr Stojic had 5 children from different partners. His last Will was made shortly before he died. Mr Stojic ran a business and he chose one of his sons to run his company after his death.
Serving legal documents by email
Can legal documents be served by email? If so, when are they received?
Mr Campbell claimed he was owed a debt by Austar Finance. He issued a Statutory Demand to wind it up. Austar commenced Court proceedings to set aside the Demand. Its solicitor ‘served’ the Court documents both by facsimile and by email. The evidence showed there was a problem with the facsimile transmission and the Court was not satisfied that the documents had been served by fax. Read the rest of this entry »
Your guide to penalty rates changes
The Full Bench of the Fair Work Commission has recently conducted a review of modern awards to determine whether they are achieving their objectives. As part of the review, various employer bodies in the hospitality and retail sectors made applications to vary penalty rate provisions.
The Full Bench decided that Sunday penalty rates in the Hospitality, Fast Food, Retail and Pharmacy Awards do not achieve the objectives of modern awards, as they do not provide a “fair and relevant minimum safety net”.