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Employment

Directors of insolvent company evade “insolvency exclusion” for claims made under D&O policy

The Federal Court of Australia in Kaboko Mining Limited v Van Heerden (No 3) [2018] FCA 2055 handed down a significant decision which clarified the operation of "insolvency exclusion" clauses in a D&O liability insurance policy. The issu...

Published by Andrew Lacey
12 March, 2019
Employment

Unpaid internships back in the spotlight

McCabes’s Employment Team has published a three-part article series on unpaid internships. The article series explains the relevant law (

Published by McCabes News
4 March, 2019
Employment

Unpaid internships: Part 3 – The implications of getting it wrong

Unpaid internships are often considered a rite of passage for those entering the workforce. But any business looking to engage an intern must ensure that it does so in accordance with the law. This three-part article series explains the relevant law ...

Published by McCabes News
4 March, 2019
Employment

Unpaid internships: Part 2 – Creating a lawful intern arrangement

Unpaid internships are often considered a rite of passage for those entering the workforce. But any business looking to engage an intern must ensure that it does so in accordance with the law. This three-part article series explains the relevant law ...

Published by McCabes News
4 March, 2019
Employment

Unpaid internships: Part 1 – The law as it relates to interns

Unpaid internships are often viewed as a rite of passage for those entering the workforce. But any business looking to engage an intern must ensure that it does so in accordance with the law. This three-part article series explains the relevant law (...

Published by McCabes News
4 March, 2019
COVID-19

A tale of two derogatory comments – when is it bad enough to warrant dismissal?

Two recent decisions in the Fair Work Commission have considered the issue of when an employee can be dismissed for making a derogatory or insulting comment. As these cases highlight, the context in which a comment was said and any past acts of misco...

Published by McCabes News
19 February, 2019
Employment

Insolvency practitioners’ remuneration slashed after inadequate reports to creditors

The recent decision of the Federal Court (Besanko J) in Lock, in the matter of Cedenco JV Australia Pty Ltd (in liq) (No 2) [2019] FCA 93 illustrates the critical importance for administrators and liquidators of complying with the requiremen...

Published by Andrew Lacey
19 February, 2019
Employment

Costs Orders against Non-Party Directors

The recent case of Vanguard 2017 Pty Limited, in the matter of Modena Properties Pty Limited v Modena Properties Pty Limited (No 2) [2018] FCA 1461 serves as a reminder to directors and other non-parties whose conduct materially influences t...

Published by Andrew Lacey
19 December, 2018
Employment

Klooger v Foodora: FWC delivers decision on employee versus contractor

The Fair Work Commission has ruled in favour of a Foodora rider, finding that he was an employee (not a contractor) for the purposes of the unfair dismissal jurisdiction. In this article, Nicola Martin and Erin Kidd explore the key themes emerging fr...

Published by McCabes News
13 December, 2018
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