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Employment

Spotlight on Sexual Harassment

The issue of sexual harassment in the workplace has dominated media coverage for much of early 2021. The handling of Brittany Higgins' sexual assault complaint has highlighted the need for employers to have effective processes for managing allegation...

Published by Tim McDonald
5 August, 2021
Employment

WorkPac Pty Ltd v Rossato [2021] HCA 23

The High Court upheld WorkPac's challenge to the finding of the Full Court of the Federal Court which found that coal mineworker Robert Rossato was entitled to paid leave while engaged as a casual employee on consecutive contracts for almost four yea...

Published by Tim McDonald
5 August, 2021
Employment

Family Ties – Family Provision Claims in Bankruptcy

When a person becomes bankrupt, his or her property vests in their trustee in bankruptcy. Property of a bankrupt generally extends to a bankrupt's right to commence litigation. However, specific carve outs exist for certain types of litigation which ...

Published by Andrew Lacey
10 June, 2021
Employment

Applicability of Insolvency Practice Schedule and Insolvency Practice Rules to incorporated associations

In the judgment of In the matter of Order of AHEPA NSW Incorporated [2020] NSWSC 1626, the NSW Supreme Court has provided helpful guidance to administrators as to whether the Insolvency Practice Schedule (Corporations) (IPSC...

Published by Foez Dewan
14 December, 2020
Employment

Two-timing employees: When can you prevent an employee from moonlighting?

These days, it seems like every second person you speak to has a "side hustle".  They're driving a rideshare vehicle, selling essential oils, skincare or make-up, have an artisan stall at the local markets or online, create and deliver Instagram wort...

Published by McCabes News
9 November, 2020
COVID-19

Are your employees entitled to a pay rise from 1 November?

The second tranche of award rate increases for FY20/21 will commence from the first full pay period on or after 1 November 2020. Employers with employees covered by the modern awards affected by this change must ensure that they review pay rates to a...

Published by McCabes News
27 October, 2020
Employment

Leave and security for costs for an incarcerated appellant – Mr D v Ms P [2020] NSWCA 174

This Court of Appeal judgment dealt with two notices of motion in relation to an appeal sought to be brought by Mr D, who is presently incarcerated as a result of assaults on Ms P that formed the subject matter of the proceedings before the primary j...

COVID-19

A ‘day’ is a “notional day” not a “working day”: High Court overturns Mondelez decision – employers breathe a sigh of relief

Yesterday the High Court of Australia handed down its much-anticipated leave decision of Mondelez,1 overturning the earlier decision of the Full Court of the Federal Court. The majority held in favour of Mondelez and Federal IR Minister Ch...

Published by McCabes News
14 August, 2020
COVID-19

ASIC calls employers to provide for ‘casual’ employee entitlements in reporting

In a move that has garnered concern from the employer groups and legal commentators alike, the Australian Securities and Investments Commission (ASIC) has recently released guidance that companies should now calculate how much may be...

Published by McCabes News
10 August, 2020
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