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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
Employment

It’s the vibe of the thing: Newfound limits on Constitutional protection of political speech at work

In recent years, a growing body of case law has highlighted the circumstances in which an employee may be disciplined or dismissed for their posts on social media. In a landmark decision delivered last week in Comcare v Banerji [2019] HCA 23...

Published by McCabes News
11 August, 2019
Employment

Workplace surveillance evidence and unfair dismissal: Can big brother be (illegally) watching?

As the sophistication and quality of surveillance technology continues to grow, there is increasing debate about the place of this technology in the workplace, and the appropriateness of using it to monitor employees.   While the Workplace...

Published by McCabes News
29 July, 2019
Employment

Taking leave of our senses? A new age of leave entitlements

In the age of unprecedented workforce mobility, employers are going to new lengths to be an 'employer of choice'.  As a result, employees are enjoying more benefits and flexibility than ever before. Salary packages often include gym memberships, heal...

Published by McCabes News
4 July, 2019
Employment

Key employment rate changes for 2019/20 commence today

On the first day of the new financial year, employers should take note of the new rates in respect of the national minimum wage, high-income threshold, compensation cap, maximum superannuation contribution base and genuine redundancy tax-free cap, al...

Published by McCabes News
30 June, 2019
COVID-19

2019 National Minimum Wage Increase

An estimated 2.2 million employees are set to see a pay rise following the release of the Fair Work Commission’s (FWC) Annual Wage Review on 30 May 2019. Employees paid the National Minimum Wage (NMW) will see an inc...

Published by McCabes News
31 May, 2019
Employment

Uber: the need to drive towards greater global regulation

The National Labor Relations Board, a United States’ equivalent of Australia’s Fair Work Commission (FWC) combined with the Fair Work Ombudsman (FWO), recently found that Uber drivers are independent contractors and ...

Published by McCabes News
24 May, 2019
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