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Australia introduces domestic violence leave

The Fair Work Commission has introduced unpaid domestic violence leave into all industry and occupational awards, effective 1 August 2018.  Subject to meeting evidentiary requirements, award-covered employees are now entitled to family and domestic v...

Published by McCabes News
10 August, 2018
Employment

By that very fact: ‘ipso facto’ clauses from 1 July 2018

It is common to have ‘ipso facto’ clauses included in commercial contracts, so that a contracting party becomes automatically entitled to enforce its rights against the counterparty upon the occurrence of one or more events specified in the contract....

Published by Foez Dewan
29 June, 2018
COVID-19

211,104 more reasons not to discriminate against employees

Fair Work Ombudsman v Yenida Pty Ltd & Anor [2017 FCCA 2299];  Fair Work Ombudsman v Yenida Pty Ltd & Anor [2018] FCCA 1342 A Tasmanian hotelier and his company have been fined $211,104 for rampant underpayments and deliberately expl...

Published by McCabes News
6 June, 2018
Employment

Unblemished work record not a ‘free pass’

Benjamin Gigney v Qantas Airways Limited T/A Qantas [2018] FWC 1352 A recent case in the Fair Work Commission has contemplated when a breach of a workplace conduct policy can justify dismissal. The case also makes it clear t...

Published by McCabes News
6 June, 2018
Employment

Taken to the cleaners – Federal Court makes landmark ruling concerning the exception to redundancy pay

United Voice v Berkeley Challenge Pty Limited [2018] FCA 224 The Federal Court of Australia has made an important ruling regarding an exception to make redundancy payments to employees under the Fair Work Act 2009 (Cth) (FW ...

Published by McCabes News
6 June, 2018
COVID-19

2018 National Minimum Wage Increase

The biggest minimum wage rise since 2010 will see a 3.5% increase in the National Minimum Wage and modern award rates from 1 July 2018. An estimated 2.3 million employees are set to see a pay rise following the release of the Fair Work Commission’s ...

Published by McCabes News
5 June, 2018
Employment

Full Federal Court rejects attempt by administrators to sheet home over $1 million in costs to third parties

The recent decision of the Full Federal Court in White, in the matter of Mossgreen Pty Ltd (Administrators Appointed) v Robertson[2018] FCAFC 63 (19 April 2018) serves to reinforce the importance of an external a...

Published by Andrew Lacey
28 May, 2018
Employment

Insolvent Trading Trusts: You can go your own way.

SUMMARY In this article, we consider a number of recent authorities on whether an insolvent trustee company’s right of indemnity in trust assets is property of the company for the purposes of the Corporations Act 2001 (...

Published by Andrew Lacey
4 April, 2018
Employment

Foreign liquidators gain traction in Hong Kong’s High Court

It may now be easier for Australian insolvency practitioners to carry out investigations and recover assets located in Hong Kong and in mainland China. On 8 February 2018, and for the first time, the High Court of Hong Kong granted an application for...

Published by Andrew Lacey
3 April, 2018
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