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Employment

Would President Trump’s tweet that fired the United States’ Secretary of State, fly in Australia?

President of the United States, Donald Trump, fired his Secretary of State, Rex Tillerson, by tweet. It has been reported that Mr Tillerson learned his fate via the social media platform, which restricts messages to 280 characters or less. Althoug...

Published by McCabes News
26 March, 2018
Employment

Payslips have real and practical importance … in the scheme of industrial law

A recent decision of the Federal Circuit Court of Australia has demonstrated that the increased protections introduced by the vulnerable worker amendments to the Fair Work Act are being applied with real consequences for employers who underpay their ...

Published by McCabes News
24 January, 2018
Commercial

Restraints: Business sale agreements vs. employment contracts

Restraint clauses are not ‘one size fits all’. Typically, courts look less favourably on restraints imposed on an employee than restraints imposed on a vendor to protect the goodwill of a business in a sale. So to be enforceable, restrain...

Published by McCabes News
10 December, 2017
Employment

Recent changes to the Fair Work Act give employees more protection

Employers, particularly franchisors and holding companies, should remain vigilant – the Fair Work Ombudsman is ready to strike. And when it does, the recent changes to the Fair Work Act aimed at protecting vulnerable workers and holding franchisors t...

Published by McCabes News
4 December, 2017
Employment

Court finds it is lawful to detain evidence of Opal card concession

On 14 November 2017 the NSW Court of Appeal held that Mr Le was lawfully detained by police for the purpose of producing evidence of his Opal card concession.   State of New South Wales v Le [2017] NSWCA 290 On 14 November 2017 the NS...

Published by McCabes News
30 November, 2017
Employment

Commonwealth Redress Scheme for Institutional Child Sexual Abuse: Is $150,000 enough?

On 26 October 2017 Mr Christian Porter, Minister for Social Services, tabled a bill in parliament, the Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 (‘the Bill’) to establish legislation for a Commonwealth Redres...

Published by McCabes News
24 November, 2017
COVID-19

Accounting firm penalised $53,880 for its role in client’s breach of workplace laws

Earlier in the year we reported that the Fair Work Ombudsman had successfully prosecuted an accounting firm for its role in a client’s breach of workplace laws. The accounting firm’s penalty has now been determined. It is the first time that the Fair...

Published by McCabes News
24 November, 2017
COVID-19

5 key lessons for employers with a global workforce

Can an employee engaged to work overseas still bring a claim in Australia? Are employees overseas covered by Australian industrial instruments? These and other questions are answered in our 5 key lessons for employers with a global workforce.

Published by McCabes News
3 September, 2017
Employment

Post-employment restraints, Repudiation and Acceptance – Crowe Horwath (Aust) Pty Ltd v Loone [2017] VSCA 181 (7 July 2017)

The Victorian Court of Appeal has recently held that restraint of trade clauses in employment contracts are unenforceable against a former employee if they have been repudiated by the employer and the employee has accepted the repudiation and termina...

Published by McCabes News
26 July, 2017
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