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Employment Law

Sweeping changes to Fair Work Act for employers eligible for jobkeeper payment

Much of the media coverage about the Commonwealth’s jobkeeper payment scheme has followed the money; namely, the fact that the scheme will provide a payment of $1500 per fortnight to eligible employers to support the continued employment of their employees.  However, sometimes it’s not just about the money;  where an employer is eligible for the

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April 13
2020
Employment Law

Modern slavery in 2020 – the year of living slaver-less-ly

On 1 January 2019, the Modern Slavery Act 2018 (the Act) commenced, which means that this year is the first year that reporting requirements apply.  The Act is one of the first attempts in the world to create national legislation that defines “modern slavery” and, unlike similar legislation from other countries, the reporting criteria under

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February 24
2020
Employment Law

Can a non-profit organisation recover damages for lost profits?

When an innocent party is faced with an apparent breach of contract, there are always two questions to ask.  The first question is, “how strong is my argument that what has happened is, in, fact, a breach of contract?”  The second question, which is often more important, is “can I obtain a remedy which will

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January 31
2020
Employment Law Litigation and dispute resolution

Trade mark claims in industrial disputes? Not Really Maintainable, Actually

You might be surprised to learn that an organisation with the word “Roads” in its name would find itself in dispute with the Maritime Union of Australia (MUA) (which is now a branch of the CFMMEU).  However, it’s a long road which has no turning, and as the National Roads and Motorists Association Ltd (NRMA)

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October 7
2019
Employment Law Intellectual property law

“You know how to whistle, don’t you? You just put your lips together and blow.”

Whilst the key to whistling may have been summed up by Lauren Bacall to Humphrey Bogart in To Have and Have Not, it is, unfortunately, not nearly so easy to summarise Australia’s new whistleblower laws which took effect on 1 July 2019. The Treasury Laws Amendment (Enhancing Whistleblower Protections) Act 2019 (Cth) provides a single,

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September 23
2019
Employment Law Litigation and dispute resolution

August publications in august publications

From time to time, the scribbles we provide for you here find homes in publications even more august than this humble website (it may be hard to believe that you can get more august than this humble website, but true it is).  This month, Angus has articles in the August editions of both the Law

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August 1
2019
Defamation Employment Law SVL in the community

Can you sue an employee who gains employment with a misleading CV?

The provision of misleading CVs by prospective employees can lead to a number of legal problems when the truth is discovered.  In most cases, the employer will dismiss the employee (and provided the investigation has been careful, the employer will usually be on safe ground in doing so). In a number of recent high profile cases, criminal charges

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July 6
2019
Employment Law Litigation and dispute resolution

Can a contract prevent your customers from poaching your employees?

It is common for employment contracts to contain post-employment restraints, but it is less common to see clauses in agreements with customers (for example, in services agreements) which prevent the customers of a business from “poaching” the employees of the business. There are good reasons for this – when post-employment restraints are dealt with in

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February 5
2019
Employment Law Litigation and dispute resolution

The nightmare before Christmas

The days are getting longer. The smell of summer is in the air. The conquest of shopping centre Muzak systems by Christmas carols is (for the next little while, at least) total and complete. Yes, Christmas is coming – but before the season of peace and goodwill to all, first must come the work Christmas

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December 5
2018
Employment Law

Fair Work Commission finds that Foodora delivery riders are employees

What’s the difference between a cycle courier who delivers an envelope, and a cycle courier who delivers an enchilada? The answer, it appears, is “not much”, at least according to the Fair Work Commission (FWC). Last week, the FWC handed down a decision which found that one Mr Klooger, a food delivery worker engaged by

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November 18
2018
Employment Law
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