1634 results
“Who really brings the game into disrepute?”
In Brief A public spat. A drunken fall. A scathing comment. Professional athletes, like many of us, occasionally do careless and reckless things. Unlike many of us, however, professional athletes are often fined exceedingly large amounts of money, suspended or terminated from their employment for doing these things. And you can almost be…
Redundancy… is it still a more convenient way of removing a difficult employee?
In Brief Removing staff that are not performing can be a protracted and convoluted process. For a long time, employers have often seen redundancy as an avenue for side stepping the various disciplinary/counselling sessions/warnings that have to occur prior to an employee being terminated for poor performance. The beauty of the redundancy…
Claims made by a person deprived of land title by fraud
In Brief In Australia, we use the Torrens system of land title. It is a central tenet of the Torrens system that it is a system of title by registration, not a system of registration of title. It is registration itself which vests title in a proprietor of land. Section 42(1) of the Real Property…
Can you require an employee to provide medical evidence or attend a psychiatric examination?
In Brief From time to time employers will be faced with an employee whose behaviour suggests that they may have an underlying medical condition affecting their mental health. Behaviours which may for example indicate depression include: irritability, lack of concentration, lateness for work and unexplained periods of absence. Whilst there are…
Moonlighting employees it can be difficult to stop
In Brief There can be a number of particularly important reasons why employers need to know whether an employee is working elsewhere and also the nature of that work. In a recent decision of the Fair Work Commission (Bril ‑v- Rex Australia Limited), Vice President Hatcher found that the implied duty of fidelity…
Unions are not above the law
In Brief In a very recent decision of the Federal Court, the Maritime Union of Australia (MUA) had damages awarded against it of $482,000 and was ordered to pay a fine of $80,000 for refusing to allow a couple to start work with a labour hire company. The labour hire company that refused to…
Good Will Hunting: Estate Planning Lessons from Hollywood
In Brief After being asked how her husband died, the iconic Robin Williams character, Mrs Doubtfire, replied, “He was quite fond of the drink. It was the drink that killed him”. The response came, “How awful. He was an alcoholic?” Mrs Doubtfire quickly corrected, “No, he was hit by a Guinness…
Will illegal downloaders be forced to pay their dues and join the Club?
In Brief On 7 April 2015, the Federal Court of Australia handed down a landmark ruling involving piracy and privacy, and internet account holders with the Internet Service Providers (ISPs) involved may be feeling nervous. Dallas Buyers Club LLC v iiNet Limited [2015] FCA 317 Dallas Buyers Club LLC, the entity claiming ownership of the…
When can you direct employees to undergo a medical examination?
In Brief One of the common concerns that employers have is whether their employees are well enough to carry out their duties. This may be because an employee is particularly overweight, may be displaying episodes of dizzy spells or is obviously labouring with a bad back or a sore knee. The employer…
Budget proposals offer start-ups an opportunity to get their legal house in order from the start
In Brief The Federal Government announced new measures in its budget this week that will no doubt be welcome to new ‘start-up’ businesses. New businesses will be able to deduct start-up costs such as professional, legal and accounting services from the 2015/2016 income year. This will replace the current situation…
Ruling from the grave: What conditions can you place on gifts in your will?
In Brief Some people find it hard to ‘let go’. In 1993, a resident of San Antonio in the United States passed away, leaving his house and $30,000 to his wife. However, this was not as warm a matrimonial gesture as it first appeared. The husband had included a clause in his will…
When a choice is not a choice
In Brief As a business owner you can choose whether or not to pay staff bonuses, right? “Discretionary” means … well … discretionary – doesn’t it? Not always says the Federal Court in the recent case of Russo v Westpac. In that case, the court ordered Mr Russo’s employer to pay a discretionary bonus…
My child is off the rails, can my will protect them?
In Brief A very rich person should leave his kids enough to do anything but not enough to do nothing… Whilst very few people could match Warren Buffett’s bank balance, almost everyone would share his sentiment. We all want to give our children every advantage possible, whilst at the same time…
Can I write an article about my business competitor?
In Brief In the course of doing business, you are not allowed to engage in misleading or deceptive conduct. But what if you utilise your personal expertise and experience to make general comments about your industry – for instance, by publishing an article in a trade magazine, or delivering a public lecture…
When can employees behave badly and get away with it?
In brief One of the challenges for any employer is to manage workforce events such that the employees get to relax and have a good time – without offending, upsetting or harassing their colleagues. One of the key culprits in this process is the obligatory office Christmas party. What happens when staff…