Employment Law Case Study: Unlawful Dismissal
Terminating employees during their probation period can still result in damages if the general protections provisions of the Fair Work Act are breached Terminating employees who are not suitable for the business during the probationary [...]
It’s More Expensive When It Rains
Is discriminatory pricing illegal? Should it be? Every lawyer can complete the question ‘is it legal if…’ with an anecdote that could find its place in a deck of Cards Against Humanity. On occasions, however, [...]
When Heads of Agreement Fail
THE RECENT CASE OF CASDAR PTY LTD V JOSEPH FANOUS[1] reminds us of the hazards of non-binding and informal agreements. In that case, a Landlord, relying on a signed Heads of Agreement as the source [...]
Excessive Surcharges? Expect Excessive Penalties
Per the Competition and Consumer Act 2010 (the CCA), a surcharge on card payments must not exceed the actual cost of processing the fee. The ACCC made this blatantly clear in November last year when [...]
Employment Law Case Study: Underpayments
Case study we were recently involved in Properly drafted employment agreements can mitigate subsequent claims for underpayment; where the allocation of wages is expressly documented and agreed in an employment agreement, employers can offset over-award [...]
Domestic Violence Leave and Employer Obligations
“I was provided with 12 days paid sick leave per annum and I used all my sick leave each year. We were together and I sometimes took the occasional leave day when I ran out [...]
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