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Employment

Underpayment of wages – no business is immune

In Australia, there has been increased scrutiny by the Fair Work Ombudsman, the regulator, on employer's underpayment of wages or "wage theft" as it is commonly known. George Calombaris of MasterChef fame, Heston Blumenthal, Subway and supermarket gi...

Published by McCabes News
12 February, 2020
Employment

High Court of Australia clarifies whether property held by a bankrupt on trust for another vests in the bankrupt’s trustee

In the recent decision of Boensch as Trustee of the Boensch Trust v Scott Darren Pascoe [2019] HCA 49, the High Court has clarified whether property held by a bankrupt on trust for another vests in the bankrupt's trustee in bankruptcy, and t...

Published by Foez Dewan
17 December, 2019
Employment

The Fair Work Commission’s Annual Report for Financial Year 2018-19: What employers need to know

The Fair Work Commission's (FWC) annual reports provide employers with insight into the emerging trends in the field of employment law. With the release of the report for the 2018-2019 financial year, employers are encouraged to have...

Published by McCabes News
28 October, 2019
Employment

Navigating flexible working arrangements in a post-pandemic world

Flexibility. The preference of many employees in a post pandemic world appears to be at the very least a 'hybrid' model of working – a mixture between work-from-home (or work-from-anywhere) and work from the office.

Published by Tim McDonald
10 October, 2019
Employment

Putting the theft in “Wage Theft”– criminal sanctions for employers who underpay employees?

Earlier this month, the Attorney-General's Department released two discussion papers, commissioned by the Prime Minister, investigating current issues in the industrial relations system. One of the discussion papers concerned whether there should be ...

Published by McCabes News
30 September, 2019
Employment

It’s not business as usual with the Fair Work Act – a new future for employee rights to take industrial action for climate change issues?

On 16 September 2019, Adam Bandt MP, Federal Member for Melbourne, introduced the Fair Work Amendment (Stop Work to Stop Warming) Bill 2019 (the Bill) in the House of Representatives. The Bill seeks to establish "beyond doub...

Published by McCabes News
18 September, 2019
Employment

Mind over matter: NSW Court of Appeal emphasises lay evidence over expert medical evidence on the question of testamentary capacity

How do you determine whether a person had testamentary capacity at the moment they prepared their will? In Drivas v Jakopovic [2019] NSWCA 218, such a dispute made its way to the NSW Court of Appeal. The Court had to balance the evidence of ...

Published by Andrew Lacey
16 September, 2019
COVID-19

A Religious Discrimination Bill – an overview for employers

On 29 August 2019, the Federal Government released an exposure draft of its proposed Religious Discrimination Bill for public submissions (the Bill). The Bill seeks to establish a Commonwealth Act prohibiting religious discrimination...

Published by McCabes News
15 September, 2019
Employment

The importance of getting it right: The difference between poor performance and employee misconduct

Managing employee performance is often challenging for employers and HR professionals, and there can be instances where an employee's performance can be so negligent that it can amount to misconduct.   In Steven Zirilli v StarTrack Express...

Published by McCabes News
27 August, 2019
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