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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
Litigation and Dispute Resolution

The statutory demand and incorporated associations: trump card or joker?

The statutory demand is a formidable card up a creditor’s sleeve that can result in a company being deemed to be insolvent if it does not pay the creditor’s debt within 21 days of service of the demand.  Whether a statutory demand served on an incorp...

Published by Foez Dewan
5 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
Litigation and Dispute Resolution

The solicitor and client relationship: can a law firm switch sides in a dispute?

We all expect that lawyers will be loyal to their clients, act in their best interests, and protect their confidential information. Lawyers have duties to their clients to do so. When lawyers draw their swords to go int...

Published by Andrew Lacey
30 May, 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
Insolvency

Get ready – your business is probably caught by Europe’s new data protection laws.

The European Union (EU) has introduced the General Data Protection Regulation (GDPR). The GDPR introduces a new set of rules around data processing and privacy. The rules are fairly prescriptive, and apply broadly to...

Published by McCabes News
25 May, 2018
Litigation and Dispute Resolution

Federal Court of Australia allows in evidence obtained improperly by regulator

In November 2017 the Australian Competition and Consumer Commission (ACCC) commenced proceedings against Apple Pty Ltd in the Federal Court of Australia, alleging that it engaged in misleading or deceptive conduc...

Published by Andrew Lacey
22 May, 2018
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