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Planning & Environment Updates
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Dismissing employees on grounds of incapacity where the employer is alleged to have caused the incapacity
One of the most challenging issues employers face is dealing with employees who are not well enough to perform their duties. There sometimes comes a point where – when faced with an employee who has been on an extended period of sick leave — the employer considers the possibility of terminating the employment…
Connectivity turbo charges growth opportunities
Australia has notched up 103 successive quarters of economic growth. It’s 26 years since we had a recession, making us a global leader in terms of growth. Growth is important for any business, and it’s the lifeblood of the property sector. There have always been two key pillars of property growth; the population itself and…
Smart developers ride the slipstream of NSW’s $73 billion infrastructure investment
I work near Wynyard, in the heart of Sydney’s CBD. Like everyone else in the city I rarely need reminding that the State Government is investing heavily in infrastructure — though I do sometimes need reminding how to get across George Street while it’s being dug up for light rail. There are frustrations…
Developers play critical role building world-class Smart Cities across Australia
Any of us who has sat in gridlocked traffic on our way to the airport, faced a long train commute between home and work, and regularly struggles to find innovative young talent to employ, is unlikely to question the need for smarter cities. Australia needs cities – both metropolitan and regional –…
Swaab Attorneys earns recertification in Meritas, a global alliance of independent business law firms
Meritas is the only law firm alliance with an established and comprehensive means of monitoring the quality of its member firms — a process that saves clients time validating law firm credentials and experience. Meritas membership is selective and by invitation only. Firms are regularly assessed and recertified for the…
Do you have to pay an employee where their own conduct has prevented them from performing their job?
An employer might be forgiven for thinking that where an employee’s conduct has rendered them unable to perform their role, then there is no obligation to pay them wages for the relevant period of downtime. However, this question is one which is now the subject of a Full Bench decision of…
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The “Weinstein Clause”: What is it? Could it be coming to Australia?
What is the “Weinstein Clause”? The disturbing revelations about Harvey Weinstein and other entertainment luminaries have put sexual harassment firmly on the agenda, emboldening victims to come forward to share experiences and pursue claims, leading to the rise of the #MeToo and #TimesUp movements internationally, and #NowAustralia locally. The latest consequence of…
Alcohol and Family Law
Last year, I wrote an article on cannabis use and its potential impact on parenting matters. I have recently considered some recent cases where alcohol was raised as an issue in parenting proceedings and comment as follows (please note that the whole case should be read for a proper consideration of the other…
Resigning from your employment — can you withdraw your resignation? — Latest developments
In recent times there has been a string of decisions from the Fair Work Commission directed to whether and in what circumstances, an employee can assert that a resignation given in the heat of the moment which is withdrawn, may not be relied upon by their employer. To those following the titanic struggle…
Dismissing Senior Employees – The Pitfalls to Avoid – Part 1
Whilst the termination of any level of employee contains a degree of legal risk, the position in respect of senior employees can be especially perilous. Firstly, the costs of getting it wrong are generally greater (because an award of damages is likely to be calculated – at least in part – by…
Dismissing Senior Employees – The Pitfalls to Avoid – Part 2
In the second and final part of this article we examine the legal claims senior executives can bring on termination of employment – and how employers can safeguard against them. Read ‘Dismissing Senior Employees — The Pitfalls to Avoid — Part 1’ here. Unfair dismissal For an employee who is…
Casual Employment: The new rules of engagement
A recent decision of the Full Court of the Federal Court of Australia, WorkPac Pty Ltd v Skene [2018] FCAFC 131 (Skene), held that an employee who had been categorised as a “casual” by the employer, WorkPac, was not in fact a casual but rather a permanent employee and, as a result, entitled…
Cyber
Our aim is to help guide you through the various legal aspects of this ever changing landscape of cyber law, these aspects include:Cyber Intellectual Property.Cyber SecurityCyber TechnologyCyber CommerceCyber PrivacySoftware development agreementsSoftware licensing, hosting and support agreementsSupport and maintenance agreementsWebsite development agreementsWebsite user access termsAssignments of copyright in softwareIT professional services agreementsCyber intellectual propertyIntellectual property (‘IP’) is the legal asset in…